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Rural contracted land will be extended for another 30 years after the expiration of the second round.
Financial Times Reporter He Jueyuan
Managing the relationship between farmers and land is the main focus of China’s deepening rural reforms. On March 18, the General Office of the Central Committee of the Communist Party of China and the General Office of the State Council issued the “Opinions on the Pilot Work of Extending the Second Round of Land Contracting by 30 Years” (hereinafter referred to as “Opinions”), which provides specific arrangements for the pilot extension work after the expiration of the second round of land contracts (hereinafter referred to as “extension pilot”). It clearly states that when the second round of land contracts expires, the extension work should generally be completed within one year after the contract expires.
To actively and prudently carry out the extension pilot work, since 2020, the Ministry of Agriculture and Rural Affairs and the Central Rural Work Leading Group, in coordination with relevant departments, have guided provinces to gradually expand the pilot scope starting from villages and groups. According to the deployment of the Party Central Committee, this year China will carry out comprehensive provincial pilots in 29 provinces (autonomous regions, municipalities).
The “Opinions” emphasize adherence to collective ownership, strictly prohibiting breaking the boundaries of original collective land ownership and conducting equal contracting across entire villages. It aims to fully safeguard farmers’ collective rights to lease, adjust, supervise, and reclaim contracted land, and to explore and enrich effective ways to realize rural land collective ownership. It insists on the principal status of farmers, fully mobilizing their initiative and creativity, and encourages farmers’ collectives to explore specific extension methods and paths within legal and policy frameworks based on local conditions.
The “Opinions” stress the importance of conducting the extension pilot work in a steady and orderly manner. Based on the results of rural land rights confirmation, registration, and certification, the extension period will start from the expiration of the second round of land contracts, extending the contracting period by 30 years. Extension will be carried out on a household basis to ensure that the majority of farmers’ original contracted land remains stable. No complete overhaul or disruptive redistribution is allowed, nor can there be illegal adjustments or reclamation of farmers’ contracted land under the guise of extension. The principle of “large stability, small adjustments” will be maintained— for villages and groups where land damage due to natural disasters or other special circumstances is common and where residents generally request land adjustments, small-scale and appropriate adjustments can be made among individual farmers within the framework of “large stability” and by rural collective economic organizations.
With the development of rural economy and society, conflicts involving rural contracted land exist to varying degrees in some areas. The “Opinions” clarify that the legitimate rights and interests of farmers who give up their land contracts during the second contract period, including landless farmers, should be lawfully protected, and reasonable demands of farmers facing difficulties due to land shortages should be properly addressed. It encourages resolving prominent conflicts through methods outside land, such as collective benefit distribution, employment services, and placement in public welfare positions, in accordance with relevant regulations. Issues related to delaying land rights confirmation, registration, and certification will be handled properly in conjunction with the extension pilot.
To safeguard the land contracting rights of members of rural collective economic organizations, the “Opinions” specify that family members of contracted farmers who are members of the collective economic organization shall legally enjoy land contracting rights, while non-members of the collective organization shall not participate in the extension. The lawful land contracting rights of farmers who have moved to cities and settled there shall also be protected. Methods for exploring voluntary and paid withdrawal of land contracting rights by farmers will be established.
Developing moderate-scale operations is an important direction for agricultural modernization. To ensure stable land transfer and operation, the “Opinions” require that the legal rights of both parties in land transfer be protected, the role of rural collective economic organizations be fully utilized, and, respecting farmers’ wishes, guiding both contracting parties and transferees to negotiate thoroughly and specify land lease renewal terms through contracts, thereby stabilizing operational expectations. Land transfer and operation rights will be monitored more strictly, and large-scale, long-term land transfers will not be encouraged. The “non-agriculturalization” of transferred land must be firmly prevented, and measures should be taken to effectively prevent “non-grain” planting.