土地承包协议书英文版.doc

Land contracting agreementThe party awarding:（ hereinafter referred to party a）The contractor: （hereinafter referred to party b）In view of:(1) party a is established according to law with independent legal representative, the capacity for civil rights and capacity for civil conduct shall, according to law, existence and surviving. The legal representative of the main propositions people;(2) Party b i s established according to law with independent legal representative, the capacity for civil rights and capacity for civil conduct shall, according to law, existence and surviving. Enterprise registered for, The legal representative of the main propositions people;(3) Party a will be proposed to the all parts of land contracted management to party b. Party b may contracted the land management development;(4) Both sides commitments have signed and performance of this agreement behavior ability, commitment has put the signing of the agreement and perform inform their superior administrative department or authority, this agreement; the parties shall promptly to handle the internal examination and approval, registration, filing procedure. The parties have reason to believe that other has signed and performance of this agreement, the parties shall not the behavior ability 3s internal management provisions of this agreement by against legally binding upon both parties. Both sides after full consultation, in line with honesty and mutual benefit principle, reached the following agreement, to help to comply.The first chapter land1. Party a contract out the land is located inPlot Numbers for(see enclosure) Plot a geographic locations or cadastral plans.2. A land area of 2,000 mu, of which contains no ditch, road, ditch, riverside along the dike internal and external platform, land is located in concrete by both parties coordinates drawings define, and in field with boundary markers, landmarks identified.3. Party a commitment has the land use right of the exclusive with state-owned land certificate, number, Deadline for party as use, Like other claims the land use right of land use right or party a exclusive objection affect performance of this agreement, party a shall promptly eliminate barriers, cause loss of party b, party a shall bear the responsibility of breach of contract.4. Party a promise of this agreement prior to this agreement refers to the land subcontracted to resort to management, contract fails to land set mortgage, pledge or other real rights for security and its principle obstacles. Party a promise of this agreement after will not give him land contract awarding contract management, no land set mortgage, pledge or other real rights for security and its principle obstacles. If party a for such behavior caused by party b, party a shall bear the losses of the responsibility of breach of contract.5. Land ownership comes of the Peoples Republic of China. Underground resources, buried and utilities are not within the scope of land use right.The second chapter purposes of land use6. Party b in the contracted land built on the non-pollution vegetables base, famous seedlings base, agricultural and sideline products processing base and characteristic agriculture ecological base, forage base, economical forest base, and pharmaceutical raw materials base and so on.7. .Party b according to above project construction scale and time, in national policy permitted conditions, the preparation of wood processing enterprise, food processing enterprise and biological extract processing related enterprises.8. Party b should get the land use change when the agreement of party a, and in accordance with the state laws and regulations related formalities.9. Party b has the right to contracted land sub-contract, item to resort to use, but should inform party a. Party b relent sub-contract behavior is not exempted from both parties under this agreement shall enjoy the rights and assume the obligations.The third chapter delivery10. Party a and party b land installment delivery specific way to see this agreement accessories.11. Party a does not determine the time according to the agreement accessories, shall bear the delivery of land for breach of contract.12. Party a delivery specific land, both parties shall sign indicating the specific land orientation, is located, 4, area of written documents, and shall coordinate land in specific field erect boundary markers clarifying landmarks.13. Delivery period to calculate since the date of delivery of documents signed by both parties shall prevail. This contract calculated for thirty years, woodland or forestry purposes, contract for fifty years.14. Any party to specific land is located, 4, area etc objection, the parties shall cooperate actively, the field measurement investigation shall prevail.15. Party a shall assist transact the local government issued to contractor land contracted management authority card or grassland-use right certificate such as certificate, register and record them, confirm the contracted land. Issue of land contracted management authority card or grassland-use right certificate such as certificate, except by formulary collection certificate prospectus, party a shall not collect other outside cost.The fourth chapter Contracting fee and payment16. Party a shall pay party b Contracting fee standard for, Yuan/mu sliced fertile fields in, hillsides, waste valleys, road, canal, etc Contracting fee negotiate. Specific land Contracting fee standard in both parties sign land delivery file when certain. Party a shall pay party b Contracting fee standard for, 50 Yuan/mu sliced fertile fields in, hillsides, waste valleys, road, canal, etc Contracting fee negotiate. Specific land Contracting fee standard in both parties sign land delivery file when certain.17. Article such as national policy below both sides agreed standard, with the national policy shall prevail: such as national policy than both sides agreed by both parties, counsel shall prevail.18. Land contracting period, contracting fee standards unchanged. Such as price index, inflation rate materially changes, both parties agreed the honesty and credit principle, both sides negotiate did not come to an agreement, by this agreement and related accessories shall prevail.19. Contracting fee used in concrete construction land after the expiration of the initial period, start counting the land construction according to the specific land for five to eight years, different details by both parties sign specific delivery of documents in determining land.20. Contracting fee of payment for a second payment, the first years by no later than June 30, the second phase not later than December 31 each year.21. Party b will pay Contracting fee, shall bear the responsibility of breach of contract.Chapter 5, contracts authority.22. Party a respect to party b in cultivation, breeding, animal husbandry, processing and the agreement of agricultural purposes of land rights referred to this agreement, party a shall not interfere in accordance with the agreement of party b enjoy to possess, utilize, profit from the right.23. The agreement referred to in the contract right scope includes not only involved in the land, still include coordinating figure within the water and land, on the surface of certain space.24. This agreement is involved in the contract right to relevant organs, the parties shall handle the registration formalities and confirm that party bs right to contract. As for registration is difficult to this agreement, the parties shall notarized formalities. Relevant formalities charge by both parties herein in equal share.25. Party b can be part of the subcontract relent contract of land use, give him such use of land should keep land of agricultural use and conform to the provisions of this agreement.26. Party b may land contract right as capital contribution, and resort to cooperate in various forms of development.27. Party b may land contract right set mortgage, pledge, but should inform party a. Realize mortgage, pledge the option, vendee only for agricultural purposes of use, and shall not be with the principals of this agreement conflict.28. Contract expires, under the same conditions party b shall enjoy priority in further. Only in the clear refused to continue contracting party b, party a to put this agreement referred to land shall be separately subcontracted to others.Chapter 6 achievements rights29. To realize the agricultural production and operation purpose, party b in the contracted land ownership in the construction of auxiliary facilities by party b, party b with all the exclusive to possess, utilize, seek profits from and dispose of rights.30. Party b during the contracted land management in the results produced by party b in all, including but not limited to forests, crops, Fishery products, livestock, poultry products, hay, medicinal materials and other agricultural products and processing products, whether immature and mature product not finished products to party b, either with exclusive to possess, utilize, seek profits from and dispose of rights.31. Party a shall actively cooperate with party for economical forest, woodlands cataloged formalities, and actively cooperate with a direction relevant government departments for registration and obtain relevant ownership certificate. Party bs economic forest ownership confirmation.32. Party a shall actively cooperate with party b harvest contracting , cooperate with party b with relevant government departments snow-melted harvest, transportation, processing and sales of formalities.33. In addition to economic, legal regulations should be had dealt with other relevant agricultural resources registration or harvest formalities, party a should also actively cooperate with party b shall apply. Handle relevant cataloged, administrative licensing and other matters, party a shall not collect fees by itself.34. The expiration of a contract, the contracted land adhered to the building, facilities; equipment such as property, party b has the right to dismantled. Party a to accept the property, he shall give party b the corresponding compensation, the compensation standard for that year replacement cost value35. The expiration of a contract, the contracted land adhered to the crop is the year of birth herb crops, party b shall have the right to require the contract just extended to crops to ripen for harvesting.36. The expiration of a contract, the contracted land adhered to the crop is the immature or not harvest forests, perennial crop, party a shall accept the property, and should give party b the corresponding compensation, the compensation standard for that year market value.37. Party b has the right in its building, facilities, equipment, and property such as economical forest, other crops or other business results set mortgage, pledge and other security interest.38. Party b during the contracting progress of trademark, patent, technological secrets and other intellectual property rights and intangible assets, its ownership by party b in all. Party b has the exclusive application, to possess, utilize, seek profits from and dispose of rights.39. Party as rights and obligations for:1) Party a has the right to charge Contracting fee;2) Party a has the remitting party b shall be handed in taxes related to the rights and duties;3) Party a shall have the right to supervise the contractor according to the purposes agreed upon in the contracts, reasonable use and protect land;4) Party a has the right to stop the contractor damage contracted land and agricultural resources behavior;5) Party a shall maintain the contractor contracted management of land, and shall not illegally modification, rescission contract;6) Party a shall respect the production and operation of autonomy, the contractor shall not interfere with the contractors in accordance with the normal production and operation activities;7) Party a shall provide relevant production, technology, information and other services ;8) Party a shall provide a good social security environment, ensure party b contracted management activities, protect the smooth implementation of party bs against infringement ;9) For stealing, destroyed, rob illegal ACTS such as loss caused by party b, party a shall first full compensation, to apply for government departments for processing ;10) Party a shall provide party b to strive for countries to local of preferential policies ;11) Party a shall cooperate with party b for forestry insurance, insurance claim happened when party b, party a shall cooperate actively resolve the claim;12) Party a shall adopt measures to prevent party b forestry, crops pest damage;13) If produce all obstacles, harm party b contracted operation items, party a should inform party b to take measures, due to his intent or negligence party a idle at the notice to party b, cause loss of party b, party a shall be liable;14) Party a shall actively provide water conservancy, electric power facilities such as convenience to Israeli use, the relevant expenses to be borne by party b.40 Party bs rights and obligations for:1) Party b shall enjoy contracted land use, accrual and contracted land circulation rights, shall have the right to organize its production and operation autonomously and disposal products；2) Party b in accordance with the contracted land is expropriated, occupy, has the right to obtain corresponding compensations;3) Party b shall be protected and rational utilization of land, and shall not cause permanent damage to the land;4) Party b contracted projects shall conform to the state industrial policies and laws and regulations;5) Party b shall promptly pay according to this agreement land contracting fee;6) Under the same conditions party has the priority acquisitions, shareholding local enterprise rights;7) Under the same conditions party b should give preference to the land contract awarding for local farmers, give preference to local farmers to party bs work;8) Party b has the right to the related formalities, under the situation of economic forest cut down by implant themselves and can be used in contracting period rotation;9) When necessary, party b shall during the contracted land within a given party a passageway, water, erect laid public facilities etc convenience;10) Party b to its economic forest, crop or other business activities closed management, party a or other irrelevant personnel will not be admitted.41 The contracting parties shall not, the agreement for person in charge fluctuation alteration or termination of this agreement, nor for both parties of separation, merger or organizational structure change and alteration or termination of this agreement.42 Any party happen separation, merger or organizational structure change, or produce significant litigation, or undergoing major financial crisis, which may affect the implementation of this agreement, shall promptly notify the other.43 No party shall instigated, misleading state organs and their staff using their authority to interfere with contracted or alteration, terminate this contract agreement.44 Owing to earthquake, typhoon, flood, fire, major disease pests, war and other unforeseeable happen and it did not prevent or avoid the consequences of force majeure, directly affects the implementation of this agreement or cannot pursuant to this agreement, the agreement fully performed in case of the force majeure, it shall promptly notify fang, and provide the force majeure provide details, unable to perform, or part cannot perform, or need to delay the execution of reason and related documents through consultation by the two parties and solve the implementation of this agreement problem.45 The force majeure side, not liable for breach of contract.46 Force majeure causes levied, party b may request to cut relief during the influence of force majeure Contracting fee.47 Countries due to environmental protection, national defense construction, utility purpose such as contracted land requisition of this agreement, lead to this agreement can not perform or cannot be fulfilled, party a shall not be liable for breach of contract. But the national compensation fees shall be given priority compensate party bs losses.48 For national policy adjustment or laws and regulations change and cause this agreement can not perform or cannot be fulfilled, party a shall not be liable for breach of contract. Both parties shall fully negotiated solution related loss, reach an agreement, should by both parties herein in equal share loss. These costs only include direct investment produce loss, and do not include indirect losses and expected returns. Chapter 9 responsibility of breach of contract49 After the signing of this agreement, any party shall not breach. Otherwise, the breaching party shall be liable for breach liability to fang. Responsibility of breach of contract includes not only the direct losses, but also includes indirect losses and the non-breaching party under this agreement shall obtain the expected returns.50 party refuses to deliver this agreement specified land, it shall pay to party b all loss, this loss calculation standard for 1,000 Yuan/mu to years. Party a late delivery this agreement specified land, should pay party b penalty, computational standard of the Peoples Republic of China on the liquidated damages the supreme peoples court determine standard. 50 Party a refuses to deliver this agreement specified land, it shall pay to party b all loss, this loss calculation standard for 1,000 Yuan/mu to years. Party a late delivery this agreement specified land, should pay party b penalty, computational standard of the Pe