| Request for Public Comments on the Law on Rural Land Contracting (Draft Amendments for Second Deliberation) | | 农村土地承包法（修正案草案二次审议稿）征求意见 |
| (From November 1, 2018, to December 1, 2018) | | （2018-11-01至2018-12-01） |
| The Law of the People's Republic of China on Rural Land Contracting (Draft Amendments for Second Deliberation) was deliberated at the 6th Session of the Standing Committee of the Thirteenth National People's Congress. The Law of the People's Republic of China on Rural Land Contracting (Draft Amendments for Second Deliberation) is now published on the website of the National People's Congress, and the public may directly submit their comments by logon onto the website of the National People's Congress (www.npc.gov.cn) or mail their comments to the Legislative Affairs Commission of the Standing Committee of the National People's Congress (1 Qianmen West Street, Xicheng District, Beijing, 100805. Please indicate “Request for Public Comments on the Draft Amendments to the Law on Rural Land Contracting for Second Deliberation” on the envelope). Comments may be submitted until December 1, 2018. | | 第十三届全国人大常委会第六次会议对《中华人民共和国农村土地承包法（修正案草案二次审议稿）》进行了审议。现将《中华人民共和国农村土地承包法（修正案草案二次审议稿）》在中国人大网公布，社会公众可以直接登录中国人大网（www.npc.gov.cn）提出意见，也可以将意见寄送全国人大常委会法制工作委员会（北京市西城区前门西大街1号，邮编：100805。信封上请注明农村土地承包法修正案草案二次审议稿征求意见）。征求意见截止日期：2018年12月01日。 |
| Amendments to the Law of the People's Republic of China on Rural Land Contracting (Draft) (for Second Deliberation) | | 中华人民共和国农村土地承包法修正案（草案）（二次审议稿） |
| I. Article 1 is amended to read: “This Law is developed in accordance with the Constitution for the purposes of consolidating and improving the two-level management system characterized by the combination of centralized operation with decentralized operation on the basis of household contracted management, maintaining the long-term stability of rural land contractual relationships, safeguarding the lawful rights and interests of parties to rural land contracting for agricultural operations, and promoting the development of agriculture and the rural economy and the social stability in rural areas. | | 一、将第一条修改为：“为巩固和完善以家庭承包经营为基础、统分结合的双层经营体制，保持农村土地承包关系稳定并长久不变，维护农村土地承包经营当事人的合法权益，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。” |
| II. One article is added as Article 9: “After contracting any land, a member of a rural collective economic organization shall have the conventional usufruct on the land for agricultural operations, and may conduct agricultural operations by himself or herself, or retain his or her land contracting right or circulate his or her usufruct on the contracted land for agricultural operations by others.” | | 二、增加一条，作为第九条：“农村集体经济组织成员承包土地后，享有土地承包经营权，可以自己经营，也可以保留土地承包权，流转其承包地的土地经营权，由他人经营。” |
| III. Article 10 is amended to read: “The state protects land contractors' lawful, voluntary and paid circulation of usufructs on land, and protects the lawful rights and interests of owners of usufructs on land. No organization or individual shall infringe upon such rights.” | | 三、将第十条修改为：“国家保护承包方依法、自愿、有偿流转土地经营权，保护土地经营权人的合法权益，任何组织和个人不得侵犯。” |
| IV. Article 8 is renumbered as Article 11 and amended to read: “Rural land contracting for agricultural operation shall comply with laws and regulations, and protect the rational development and sustainable utilization of land resources. No contracted land may be used for non-agricultural construction without being approved in accordance with the law. | | 四、将第八条改为第十一条，修改为：“农村土地承包经营应当遵守法律、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。 |
| “The state encourages increased investments in land, enhancement of the soil fertility, and improvement of agricultural production capability.” | | “国家鼓励增加对土地的投入，培肥地力，提高农业生产能力。” |
| V. Article 11 is renumbered as Article 12 and amended to read: “The administrative departments of agriculture and rural affairs, forestry, and grassland of the State Council shall, according to their respective functions as provided for by the State Council, be responsible for the guidance of the management of rural land contracting for agricultural operations and contracts on land contracting for agricultural operations nationwide. The administrative departments of agriculture and rural affairs, forestry, and grassland of the local people's government at or above the county level shall, according to their respective functions, be responsible for the management of rural land contracting for agricultural operations and contracts on land contracting for agricultural operations within their respective administrative regions. The people's governments of townships (or towns) shall be responsible for the management of rural land contracting for agricultural operations and contracts on land contracting for agricultural operations within their respective administrative regions.” | | 五、将第十一条改为第十二条，修改为：“国务院农业农村、林业和草原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经营及承包经营合同管理的指导。县级以上地方人民政府农业农村、林业和草原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经营及承包经营合同管理。乡（镇）人民政府负责本行政区域内农村土地承包经营及承包经营合同管理。” |
| VI. Article 16 is renumbered as Article 17 and amended to read: “A land contractor shall have the following rights: | | 六、将第十六条改为第十七条，修改为：“承包方享有下列权利： |
| “(1) The land contractor legally has the right to use and enjoy the contracted land and independently conduct production or operation and disposition of products. | | “（一）依法享有承包地使用、收益的权利，有权自主组织生产经营和处置产品； |
| “(2) The land contractor may legally exchange and transfer a conventional usufruct on rural land for agricultural operations. | | “（二）依法互换、转让土地承包经营权； |
| “(3) The land contractor may legally circulate a conventional usufruct on rural land for agricultural operations. | | “（三）依法流转土地经营权； |
| “(4) Where the contracted land is legally expropriated, requisitioned, or occupied, the land contractor has the right to compensation in accordance with the law. | | “（四）承包地被依法征收、征用、占用的，有权依法获得相应的补偿； |
| “(5) Other rights as provided for by laws and administrative regions.” | | “（五）法律、行政法规规定的其他权利。” |
| VII. Article 17 is renumbered as Article18, subparagraph (1) of which is amended to read: “The agricultural use of land shall be maintained, and no land may be used for non-agricultural construction without being approved in accordance with the law.” | | 七、将第十七条改为第十八条，第一项修改为：“维持土地的农业用途，未经依法批准不得用于非农建设；” |
| VIII. Article 20 is renumbered as Article 21 and amended to read: “The term of a usufruct on cultivated land shall be 30 years. The term of a usufruct on grassland shall range from 30 years to 50 years. The term of a usufruct on forest land shall range from 30 years and 70 years. | | 八、将第二十条改为第二十一条，修改为：“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。 |
| “The term of a usufruct on cultivated land in the preceding paragraph shall be renewed for 30 years upon expiration, and the term of a usufruct on grassland or forest land shall be extend accordingly according to the provisions of the preceding paragraph upon expiration.” | | “前款规定的耕地承包期届满后再延长三十年，草地、林地承包期届满后依照前款规定相应延长。” |
| IX. Article 23 is renumbered as Article 24 and amended to read: “The state implements the unified registration of cultivated land, forest land, and grassland, among others, and a registration agency shall issue to a land contractor a certificate of a conventional usufruct on rural land for agricultural operations, a certificate of a forest right, or any other certificate for such a purpose, and register and create archives to confirm the conventional usufruct on rural land for agricultural operations. | | 九、将第二十三条改为第二十四条，修改为：“国家对耕地、林地和草地等实行统一登记，登记机构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。 |
| “A certificate of a conventional usufruct on rural land for agricultural operations, a certificate of a forest right, or any other certificate for such a purpose shall include all family members that have the conventional usufruct on rural land for agricultural operations.” | | “土地承包经营权证或者林权证等证书应当将具有土地承包经营权的全部家庭成员列入。” |
| X. The title of Section 4 of Chapter II is amended to read: “Protection and Exchange and Transfer of the Land Contracting Right.” | | 十、将第二章第四节的标题修改为：“土地承包经营权的保护和互换、转让”。 |
| XI. Article 26 is renumbered as Article 27, and paragraphs 2 and 3 thereof are amended to read: “The state protects the conventional usufruct on rural land for agricultural operations of a migrant farmer working in a city or town, and a farmer's permanent settlement in a city shall not be conditioned on the forfeiture of his or her conventional usufruct on rural land for agricultural operations. Whether his or her conventional usufruct on rural land for agricultural operations is retained shall be decided by the farmer himself or herself. | | 十一、将第二十六条改为第二十七条，第二款、第三款修改为：“国家保护进城务工农民的土地承包经营权。不得以退出土地承包经营权作为农民进城落户的条件。是否保留土地承包经营权，由农民自主决定。 |
| “Where, during the term of a usufruct, the whole household of a land contractor permanently settles down in a city or town, and lose their membership of a rural collective economic organization as a result of their participation in the urban housing and social security system, they shall be supported and guided in transferring their conventional usufructs on rural land for agricultural operations in accordance with the relevant provisions issued by the state.” | | “承包期内，承包方全家迁入城镇落户，纳入城镇住房和社会保障体系，丧失农村集体经济组织成员身份的，支持引导其按照国家有关规定转让土地承包经营权益。” |
| XII. Article 27 is renumbered as Article 28, paragraph 2 of which is amended to read: “Where appropriate adjustments to the contracted cultivated land and grassland between individual farm households are necessary due to any prominent conflicts under special circumstances during the term of their usufructs, the adjustments must adhere to the principles of maintaining stable land contractual relationships and prohibiting land reshuffling and reallocation, and must be subject to the consent of at least two-thirds of the members of the collective economic organization or at least two-thirds of the representatives of villagers at the villagers assembly and reported to the administrative departments of agriculture and rural affairs, forestry, and grassland, among others, of the people's government of the township (or town) and the people's government at the county level for approval. If such adjustment is prohibited in the land contract, the land contract shall prevail.” | | 十二、将第二十七条改为第二十八条，第二款修改为：“承包期内，因特殊情形矛盾突出，需要对个别农户之间承包的耕地和草地适当调整的，必须坚持土地承包关系稳定、不得打乱重分的原则，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农村、林业和草原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。” |
| One paragraph is added as paragraph 3: “All provinces, autonomous regions, and municipalities directly under the Central Government shall develop local regulations on specific matters.” | | 增加一款，作为第三款：“具体由省、自治区、直辖市制定地方性法规规定。” |
XIII. Article 28 is renumbered as Article 29, subparagraph (3) thereof is amended to read: “Land legally recovered by the owner and land legally and voluntarily surrendered by the land contractor.”
．．．．．． | | 十三、将第二十八条改为第二十九条，第三项修改为：“发包方依法收回和承包方依法、自愿交回的。”
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