The term "rural collective assets" as mentioned in these Measures refers to the assets owned by all farmers in rural collective economic organizations. Article 3 These Measures shall apply to the management of rural collective assets within the administrative area of this province. Where laws and regulations provide otherwise, such provisions shall prevail.
Relevant laws, regulations and rules shall apply to the management of rural collective economic organizations, enterprises and other economic entities that invest in or share in rural collective assets, as well as other units and individuals that have the right to operate rural collective assets in accordance with the agreement. Fourth rural collective economic organizations are responsible for the management of rural collective assets, and exercise their management rights through meetings of all their members or meetings of their representatives.
Rural collective economic organizations may set up specialized institutions to specifically manage rural collective assets, or entrust relevant institutions to specifically manage rural collective assets. Fifth agricultural administrative departments at or above the county level shall be responsible for organizing the implementation of these measures, and in accordance with these measures, guide and supervise the management of rural collective assets by rural collective economic organizations within their respective administrative areas; Its affiliated rural cooperative economic management institutions are responsible for specific work.
Water conservancy, forestry and other relevant departments in accordance with the division of responsibilities, in accordance with relevant laws and regulations, do a good job in the guidance and supervision of rural collective assets management. Chapter II Confirmation of Rural Collective Assets Article 6 Rural collective assets include:
(1) Natural resources legally owned by rural collective economic organizations, including land, forests, mountains, grasslands, wasteland, beaches and water surfaces;
(two) cash, deposits and securities owned by rural collective economic organizations according to law;
(three) the assets invested by rural collective economic organizations in the form of capital and services and their income;
(4) Intangible assets such as patents, trademarks and goodwill legally owned by rural collective economic organizations;
(five) other assets owned by rural collective economic organizations according to law. Seventh rural collective economic organizations have the right to possess, use, benefit and dispose of rural collective assets according to law, and no unit or individual may illegally interfere.
It is strictly prohibited to illegally occupy, plunder, transfer, misappropriate, privately divide, destroy or sell rural collective assets. Article 8 After the ownership and use right of rural collective assets are registered and confirmed in accordance with the relevant provisions of the state, rural collective economic organizations shall apply for registration with the township (town) rural management institutions. Article 9 Disputes over the ownership and use right of rural collective assets shall be settled by the parties through consultation, and they may also apply to the relevant administrative organ for adjudication or bring a lawsuit to the people's court according to law. Chapter III Operation and Management of Rural Collective Assets Article 10 A rural collective economic organization must hold a meeting of all its members or a meeting of its representatives on the following matters of rural collective assets, which shall be approved by more than half of all its members:
(a) the annual financial budget, final accounts and year-end income distribution plan;
(2) Bidding, contracting, leasing and transfer of important rural collective assets;
(three) to decide or change major investment projects, purchase or dispose of important rural collective assets;
(four) large loans, borrowing fixed assets, donations or rural collective assets as a guarantee;
(five) the determination of the management objectives of rural collective assets (including depreciation, preservation and appreciation indicators).
If it is necessary to evaluate the value of rural collective assets, it shall be entrusted to an institution with legal evaluation qualifications according to law. Eleventh rural collective economic organizations can operate rural collective assets through bidding, contracting, leasing and shareholding.
Where rural collective assets are operated by bidding, contracting out or leasing, other rural collective assets may be tendered, contracted out or leased to members other than rural collective economic organizations, except those that should be contracted out to all members of rural collective economic organizations according to law, but members of rural collective economic organizations enjoy priority under the same conditions.
Changes in the land contract agreement between members of rural collective economic organizations shall be examined and approved by rural collective economic organizations, and reported to the township (town) rural management institutions for the record. Twelfth management of rural collective assets shall sign a contract according to law.
Bidding, contracting, leasing, shareholding, transfer, lending, borrowing and donation by means of fraud, coercion or malicious collusion are prohibited. Thirteenth units and individuals that operate rural collective assets according to law enjoy the right to operate and the right to income as stipulated in the contract, and have the obligation to manage, protect and rationally operate rural collective assets. Fourteenth rural collective economic organizations shall establish and improve the financial system according to the relevant provisions of the state.
When distributing the year-end income, the rural collective economic organizations shall settle the annual income and expenditure, clear up the creditor's rights and debts, and keep and distribute them in accordance with the resolutions and decisions adopted by all members' meetings or representative meetings and the relevant provisions of the state. Chapter IV Supervision of Rural Collective Assets Article 15 Rural collective economic organizations shall establish democratic supervision groups for rural collective assets.
Members of the democratic supervision group of rural collective assets are elected by the meeting of all members of rural collective economic organizations or the meeting of members' representatives. Responsible persons, accountants and their immediate family members of rural collective economic organizations shall not serve as members of the democratic supervision team of rural collective assets.