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Interim Measures of Nanjing Municipality on the Management of Rural Cooperative Economic Contracts
Chapter I General Provisions Article 1 In order to strengthen the management of rural cooperative economic contracts, safeguard the legitimate rights and interests of the contracting parties and contractors, and ensure and promote the development of rural economy, these Interim Measures are formulated in accordance with the provisions of relevant state laws and regulations and in combination with the actual situation of our city. Article 2 A rural cooperative economic contract (hereinafter referred to as a rural contract) refers to a written agreement concluded between a rural cooperative economic organization and a contractor to achieve certain economic goals and clarify the rights and obligations of both parties. Documents and other written materials related to the modification of the contract agreed by the parties through consultation are also an integral part of the contract. Article 3 These Measures shall apply to the agricultural, forestry, animal husbandry, sideline, fishery, industry, commerce, transportation, construction and labor contracts signed between the township and village regional cooperative economic organizations in this Municipality and their members (or non-members). Article 4 The contracting party for rural contracting is the township, village and group cooperative economic organizations, and the contractor is the units and individuals contracted internally or externally by the cooperative economic organizations. Article 5 The conclusion of a contract must strictly abide by national laws and regulations and the articles of association of the cooperative economic organization, conform to the requirements of national policies and plans, and adhere to the principles of equality, mutual benefit, consensus and equal value and compensation. The parties shall not use the contract to engage in illegal activities that harm the interests of the state, the collective and the public. Article 6 The contracted project, term, conditions and contracting methods shall be decided by the employer through collective discussion. Article 7 A legally established contract has legal effect, and the parties must strictly perform it, and neither party may change or terminate it without authorization. Eighth city, county (District), township (town) rural cooperative economic management department is the competent authority of rural contract, its main responsibilities are:

(a) to publicize and implement the laws, regulations, policies and systems related to the contract;

(2) Establish and improve the contract management system;

(3) Guiding the signing of contracts;

(four) responsible for the verification of the contract, review the change and termination of the contract;

(five) to supervise and inspect the performance of the contract and improve the performance rate of the contract;

(six) mediation and handling of contract disputes.

Village contract management team to assist the county (District), township (town) rural contract management agencies to do a good job in rural contract management. Chapter II Formation and Performance of Rural Contracts Article 9 A contract shall be signed by both parties and sealed by the employer. Article 10 When a rural cooperative economic organization signs a contract with a non-organization member, the contractor shall provide a certificate issued by the unit or the villagers' (residents') committee where the household registration is located.

Where the Employer requests a guarantee, the Contractor shall provide a property guarantee or a guarantor with repayment ability, and the guarantor and the Contractor shall be jointly and severally liable. Article 11 A rural contract can only be established if both parties reach an agreement on the main terms of the contract according to law. Article 12 A contract shall include the following main contents:

(a) the name of the contract;

(two) the names of the employer and the contractor and the name of the legal representative;

(three) the content, scale, location, start and end date and mode of production and operation of the contracted project;

(four) the service conditions of the employer and the production technical conditions that the contractor should have;

(5) The quantity, specification, quality, time limit and performance method of the products that the contractor should hand over or the amount, time limit and method of the contract payment, taxes and other payments that should be paid;

(6) Reward provisions for contractors to increase investment, facilities and production capacity, and punishment provisions for contractors to destroy land, equipment and other means of production for predatory production and operation;

(7) Liability for breach of contract;

(8) Measures for the transfer and liquidation of property after the termination of the contract;

(9) Other matters agreed by both parties. Thirteenth after the signing of the contract, the two sides should hold the contract and relevant certification materials, to the employer's local rural contract management authority for verification. The employing unit shall also announce the signed contract to the members of the economic organization and accept supervision. Article 14 A contract is invalid under any of the following circumstances:

(a) in violation of national laws, regulations and relevant policies and plans;

(2) Violating the national, collective or social public interests;

(3) Violating the articles of association of cooperative economic organizations and the principle of democratic consultation;

(four) signed by fraud, coercion and other improper means;

(five) the employer has no right to contract;

(6) The contractor transfers, subcontracts or subcontracts without authorization;

(seven) illegal sale (or disguised sale), lease, mortgage contract. Fifteenth the right to confirm an invalid contract belongs to the county (District) rural contract management authority or the people's court. Article 16 A contract that is confirmed to be invalid is not binding as of the date of conclusion and must be terminated. If the confirmed part is invalid, the remaining part is still valid without affecting the validity of the remaining part. Article 17 If a contract is invalid or partially invalid, the party at fault shall compensate the other party for the resulting economic losses; If both parties are at fault, they shall bear their respective responsibilities.