Hua Nong Gui Zi [2021] No.2

All towns, sub-districts and related units of the district,

　　TheMeasures of Huadu District for Subsidization of Promoting the Large-Scale Circulation of Collective Farmland have been approved by the District People’s Government and are hereby issued to you for your compliance and implementation.

　　Bureau of Agriculture and Rural Affairs and Bureau of Finance of Huadu District of Guangzhou Municipality

　　September 14, 2021

　　Measures of Huadu District for Subsidization of Promoting the Large-Scale Circulation of Collective Farmland

　　Chapter I Basic Principles and Mode of Land Circulation

　　Article 1These Measures have been established in light of the reality of our district and in accordance with the Law of the People’s Republic of China on the Contracting of Rural Land, the Notice of the General Office of the CPC Central Committee and the General Office of the State Council on Issuing the Opinions on Guiding Orderly Circulation of Rural Land Operating Right for the Development of Agricultural Operation at an Appropriate Scale, the Measures for the Administration of Circulation of Rural Land Operating Rights and the Notice of the Bureau of Agriculture and the Bureau of Finance of Guangzhou Municipality on Issuing the Plan of Guangzhou Municipality for Implementation of Financial Subsidization for Circulation of Rural Land (Sui Nong [2018] No.163) and other relevant regulations, in a bid to encourage and guide the orderly circulation of rural land operating right, promote the development of agricultural operations at an appropriate scale, enhance the comprehensive utilization rate of land resources and facilitate the increase of agricultural efficiency and the income of farmers.

　　Article 2 Implementing the new development philosophy and making innovations in the system and mechanism of farmland circulation. We will change the current state of existing “fragmented and low-value” land circulation, guide the centralized circulation of contiguous land, set up a big industrialized agriculture pattern of “large scale, high input and high output”, form the reproducible and propagable system and mechanism with Huadu characteristics.

　　Boosting the establishment of a new operating mode and driving the industrialized development of agriculture in our district. We encourage farmers and economic cooperatives to entrust theeconomic cooperatives with the unified operation of land to give full play to the scale effect of contiguous land operations. The economic cooperatives will organize circulation through the management and trading platform of the district for rural collective assets to introduce agricultural operators of new types, including leading agricultural enterprises, farmers’ cooperatives, family farms, big specialized growers and experts of planting and breeding, and develop operations at an appropriate scale. We will guide the operators of agricultural enterprises of large scale, high grade and high technology to form the industrial clusters of modern agriculture, push the agricultural industry of our district onto a new step and achieve “development of the industry, enhancement of enterprises, benefits for collectives, increased income of farmers and an all-win outcome”.

　　Article 3The circulation of the contracted-out operating right of farmland must follow the principle of law observation, voluntariness and compensation.

　　The circulation ofthe contracted-out operating right of farmland must not go against the wishes of farmers, change the nature of land ownership or the agricultural purpose of the land, or damage the land contracting rights and interests of farmers.

　　Article 4 The farmland mentioned herein refers to cultivated land, garden plots, pit and/or pool surface and woodland.

　　The mode of the large-scale circulation of the contracted-out operating right of farmland mentioned herein includes subcontracting, rental, transfer and joint stock partnership.

　　The large-scale operation mentioned herein refers to, in terms of an operator (a transferee) as a unit, the large-scale and intensive operation of land resources by such single operator on the cultivated land, garden plots, pit and/or pool surface at a scale of above 200 mu (included) under its contiguous operation, or on the woodland so operated at a scale of above 1,000 mu (included) (as determined by the departments of planning and natural resources).

　　The above farmland in contiguous operation shall be concentrated relatively and belong to the administrative villages with contiguous land within the administrative territory of the same town or sub-district or the administrative villages with contiguous land of 2 or more towns or sub-districts.

　　Chapter II Beneficiaries, Conditions and Standard for Monetary Subsidization

　　Article 5 The beneficiaries of subsidization contemplated herein are qualified economic cooperatives and agricultural operators (transferees). For the economic cooperatives, the subsidy funds they receive shall be used as collective subsidy income as the subsidies for the contracting farmers taking part in land circulation and as the work funds for land circulation, with the balance to be used as the collective income of the economic cooperatives, in a bid to benefit the transferring parties taking part in the large-scale circulation.

　　For a project included in an application for enjoying the financial subsidies for the large-scale circulation of farmland in our district, a standard contract for contracted-out land operating right shall be concluded; if competitive bidding is used for the transaction, the transaction shall take place in a standardized manner through the management and trading platform of Huadu District for rural collective assets (“Huadu Trading Platform”); if any other mode is used for the transaction, the transaction shall take place through the platform of Guangzhou Public Resources Trading Center (“Guangzhou Trading Center Platform”). The time limit for circulation under contract shall be 5 years or more and the management formalities for filing and review of the contract shall be improved.

　　Article 6 Conditions and standard for subsidization of the circulation of contracted-out land operating right

　　The farmland involved herein includes cultivated land, garden plots, pit and/or pool surface, but excludes woodland.

　　1. Conditions and standard for subsidization ofeconomic cooperatives

　　(1) To receive the subsidies, all the following 3 conditions shall be met:

　　① Starting from January 1, 2021, economic cooperatives shall complete the transaction of land circulation through Huadu Trading Platform or Guangzhou Trading Center Platform;

　　② The time limit for land circulation shall be more than 5 years (included);

　　③ A contract for land circulation shall be concluded according to the template of the Contract of Guangdong Province (Guangzhou Municipality and Huadu District) for Circulation of Contracted-out Operating Right of Rural Land.

　　(2) Subsidization standard. For theeconomic cooperatives that meet the conditions for large-scale circulation of the rural land in our district, the following subsidies will be given in proportion to the scale of the cultivated land, garden plots, pit and/or pool surface (as determined by the department of planning and natural resources) in single contiguous circulation within the term of the circulation contract:

　　① For a scale that ranges from 200 mu (included) to 500 mu (excluded), subsidies will be given for 3 years running at a rate of 200 yuan/mu each year;

　　② For a scale of more than 500 mu (included), subsidies will be given for 3 years running at a rate of 300 yuan/mu each year.

　　2. Conditions and standard for subsidization of operators (transferees)

　　(1) To receive the subsidies, all the following 4 conditions shall be met:

　　① Starting from January 1, 2021, operators (transferees) shall complete the transaction of land circulation through Huadu Trading Platform or the platform of Guangzhou Trading Center Platform;

　　② The time limit for land circulation shall be more than 5 years (included);

　　③ The investment in agricultural production facilities shall reach 5,000 yuan/mu in 3 years;

　　④ A contract for land circulation shall be concluded according to the template of the Contract of Guangdong Province (Guangzhou Municipality and Huadu District) for Circulation of Contracted-out Operating Right of Rural Land.

　　(2) Subsidization standard

　　For the operators (transferees) that operate the circulated cultivated land, garden plots, pit and/or pool surface (as determined by the department of planning and natural resources) within the term of the circulation contract, the following subsidies will be given in proportion to the operation scale:

　　① For a scale that ranges from 200 mu (included) to 500 mu (excluded), subsidies will be given for 3 years running at a rate of 300 yuan/mu each year;

　　② For a scale of more than 500 mu (included), subsidies will be given for 3 years running at a rate of 500 yuan/mu each year.

　　③ For an operator (transferee) that is rated as a big operator, including a provincial-level leading agricultural enterprise, a provincial-level agricultural park, a provincial-level model of specialized farmers’ cooperative or a provincial-level exemplary family farm within the period of subsidization, subsidies will be given for another 3 years as per the original standard after the original subsidization expires.

　　3. Restrictions on the subsidization of farmland circulation

　　(1) It is prohibited to repetitively apply for the special fund subsidies of operator (transferee) for the same circulated land. If the same circulated land is again circulated with the approval of aneconomic cooperative, the formalities for filing of contracted recirculation in a standardized manner with the administrative department of the local town or sub-district for rural collective assets. For a project in a successful application for the special fund subsidies of operator (transferee), the new operator (transferee) may apply for the subsidies in the remaining years of subsidization, provided that it meets the conditions for subsidization.

　　(2) An operator (transferee) that has left the farmland vacant, barren or uncultivated for a full year after obtaining the land operating right shall not apply for land circulation subsidies.

　　Article 7Conditions and standard for subsidization of operators (transferees) of woodland

　　1. To receive the subsidies, all the following 5 conditions shall be met:

　　(1) Starting from January 1, 2021, operators (transferees) shall complete land circulation transaction through Huadu Trading Platform or Guangzhou Trading Center Platform;

　　(2) The area of the contiguous land circulated of a single operator (transferee) shall be more than1000 mu (included) (as determined by the departments of planning and natural resources);

　　(3) The time limit for land circulation shall be more than 5 years (included);

　　(4) A contract for land circulation shall be concluded according to thetemplate of the Contract of Guangdong Province (Guangzhou Municipality and Huadu District) for Circulation of Contracted-out Operating Right of Rural Land;

　　(5) The operator (transferee) must engage in the operation of modern agriculture and be rated as a provincial-level leading agricultural enterprise, a provincial-level agricultural park, a provincial-level model of specialized farmers’ cooperative or a provincial-level exemplary family farm within the contractperiod for circulation.

　　2. Standard for subsidization

　　A one-off subsidy of 500,000yuan will be given.

　　Chapter III Procedures for Subsidization

　　Article 8Application, review and approval process of the special funds for subsidization of rural land circulation:

　　1. Application. Before August 20 of every year, an applicant shall submit an application to the local town or sub-district. An applicant that meets the conditions for enjoying the subsidies, but fails to submit application materials in time will be deemed to have waived the subsidies for circulation of the contracted-out land operating right in the year;

　　2. Preliminary examination. After the materials are examined and summarized by the local town or sub-district, the materials summarized will be posted on the bulletin board of a village for a period of 5 days. If any objection is raised in the period of posting, the local town or sub-district shall make verification again and then post the verified information. If no object is raised in the period of posting, the materials shall be reported to the Bureau of Agriculture and Rural Affairs (“BARA”) of the district before September 20 of the year.

　　3. Review and verification. The BARA of the district shall review, verify and summarize the materials submitted by the towns or sub-districts. Before October 20 of a year, the BARA of the district shall give a written reply to the towns or sub-districts about the results of review and verification, which shall be taken as the basis for calculation and appropriation of the subsidy funds to be issued and shallbe reported to the Bureau of Finance of the district for recheck and filing.

　　Article 9Fund arrangements and management

　　According to the plan for annual large-scale circulation, the total annual subsidy funds shall be determined in a scientific manner and the necessary funds shall be incorporated into the departmental budget of the BARA of the district for the next year. The towns and sub-districts shall issue the funds as required by the notice given by the BARA of the district and strengthen the management and supervision of the use thereof.

　　Chapter IV Departmental Duties and Accountability

　　Article 10 Duties of the towns and sub-district

　　They shall:

　　1. Guide and urge theeconomic cooperatives to apply for the annual subsidy funds for the circulation of contracted-out operating right of land within the given time limit as prescribed by these Measures;

　　2. Organize and coordinate the department that manages and serves the trading of rural collective assets to provide the two parties of land circulation with services including information release, policy consulting and guide to execution of contract so as to standardize the contracted-out operating right of circulated land through Huadu Trading Platform;

　　3. Be responsible for the truthfulness, feasibility and compliance of the application materials; verify the circulated area of contracted-out operating right of land;

　　4. Carry out the land circulation management standardization construction, provide standardized text of land circulation contract, standardize the registration, change and filing of the contract for land circulation within the jurisdiction and set up land circulation accounts based on villages/cooperatives as a unit; accept the relevant complaints and reports from the masses;

　　5. Issue subsidy funds according to regulations;

　　6.Ask the land circulation management and service institutions and departments of rural financial management to set up land circulation files and properly keep the relevant materials, including the statistical forms reflecting the large-scale circulation and operation of land, contract for circulation of contracted-out operating right of land and bank slips (statements of accounts), for using them as the basis for verification.

　　Article 11 Duties of the BARA of the district

　　It shall:

　　1. Promptly organize the application for and review and approval of the subsidy funds for circulation of contracted-out land operating right of towns, sub-districts oreconomic cooperatives;

　　2. Review, verify and summarize the application materials of all towns or sub-districts before promptly submitting the results of examination to the financial department of the district for recheck and filing;

　　3. Carry out the land circulation management standardization construction, strengthen the management of land circulation files and provide the towns, sub-districts and the two parties of land circulation with services like policy consulting and guide to execution of contract;

　　4. Strengthen the supervision of the subsidy funds for circulation of contracted-out land operating right, accept the relevant complaints and reports from the masses, organize the management of the budget performance of the special funds.

　　Article 12 Duties of the financial department of the district

　　It shall:

　　1. Examine and verify the budget of subsidy funds according to the budget and the regulations on management of national treasury, ensure the issuance of the budget for subsidy funds and join the agricultural department of the district in promptly transferring the special funds to the towns and sub-districts according to the regulations on fund management;

　　2. Incorporate the special funds into the scope of financial supervision and inspection, and guide the agricultural department of the district to conduct budget performance management.

　　Article 13 Establishing a long-term mechanism of reward and punishment. Land circulation work shall be incorporated into the annual performance assessment of towns, sub-districts, villages and cooperatives. Those that have achieved notable results in farmland circulation work will receive added points in year-end assessment; those that have not achieved notable results in their work and are ineffective in promoting the circulation work shall not be rated as “Excellent” in the assessment.

　　Article 14 No entities and individuals may obtain, take, hold back, occupy or divert the subsidy funds for any reason. In case of any falsification, defraudation or arbitrage of financial subsidies, the case shall be dealt with seriously according to the corresponding laws and regulations, the financial subsidy funds shall be recovered, the related economic cooperative and/or operator (transferee) shall be disqualified from the financial subsidies for circulation of contracted-out land operating right in 5 years of time, and the dishonesty information thereof shall be disclosed to the society.

　　Article 15The departmental leaders and handling personnel responsible for management of the financial subsidy funds and other relevant people shall bear responsibility for any law and/or discipline breaking act of them in the course of review and approval under the principle of “who review and approve shall be responsible”. In case of a criminal act involved, those who suspected shall be investigated in accordance with the provisions of the criminal law.

　　Chapter V Supplementary Provisions

　　Article 16These Measures shall come into force on the date of promulgation and shall remain valid for 5 years.

　　Form of Disclosure: Active Disclosure