Agricultural Law of People’s Republic of China (PRC)
order of the president of the people’s republic of china
No.74
(Adopted at the Second Session of the Eighth the NPC Standing Committee on July 2, 1993, revised at the 31st Session of the Ninth the NPC Standing Committee on December 28, 2002. According to the Decision on Amending Some Laws of the Tenth Session of the Eleventh the NPC Standing Committee on August 27, 2009, the the NPC Standing Committee on Amending the People’s Republic of China (PRC) Agriculture The Decision on Industry Law, adopted by the 30th session of the 11th the NPC Standing Committee of People’s Republic of China (PRC) on December 28th, 2012, is hereby promulgated and shall come into force as of January 1st, 2013. )
Hu Jintao, President of People’s Republic of China (PRC)
December 28th, 2012
Catalogue
Chapter I General Provisions
Chapter II Agricultural Production and Management System
Chapter III Agricultural Production
Chapter IV Circulation and Processing of Agricultural Products
Chapter V Food Security
Chapter VI Agricultural Input and Support Protection
Chapter VII Agricultural Science and Technology and Agricultural Education
Chapter VIII Agricultural Resources and Agricultural Environmental Protection
Chapter IX Protection of Farmers’ Rights and Interests
Chapter X Rural Economic Development
Chapter XI Law Enforcement Supervision
Chapter XII Legal Liability
Chapter XIII Supplementary Provisions
Chapter I General Principles
Article 1 This Law is formulated in order to consolidate and strengthen the basic position of agriculture in the national economy, deepen rural reform, develop agricultural productivity, promote agricultural modernization, safeguard the legitimate rights and interests of farmers and agricultural production and operation organizations, increase farmers’ income, improve their scientific and cultural quality, promote the sustained, stable and healthy development of agriculture and rural economy, and realize the goal of building a well-off society in an all-round way.
Article 2 The term "agriculture" as mentioned in this Law refers to industries such as planting, forestry, animal husbandry and fishery, including services directly related to them before, during and after delivery.
The agricultural production and operation organizations mentioned in this Law refer to rural collective economic organizations, farmers’ specialized cooperative economic organizations, agricultural enterprises and other organizations engaged in agricultural production and operation.
Article 3 The state places agriculture in the first place in developing the national economy.
The basic objectives of agricultural and rural economic development are to establish a rural economic system that meets the requirements of developing a socialist market economy, continuously liberate and develop rural productive forces, improve the overall quality and efficiency of agriculture, ensure the supply and quality of agricultural products, meet the needs of national economic development, population growth and improvement of living standards, improve farmers’ income and living standards, promote the transfer of surplus rural labor to non-agricultural industries and towns, narrow urban-rural differences and regional differences, build a rich, democratic and civilized new socialist countryside, and gradually realize agricultural and rural modernization.
Article 4 The state shall take measures to ensure that agriculture can play a better role in providing food, industrial raw materials and other agricultural products, maintaining and improving the ecological environment, and promoting rural economic and social development.
Article 5 The state adheres to and improves the basic economic system in which public ownership is the mainstay and various forms of ownership develop together, so as to revitalize the rural economy.
The state has long stabilized the two-tier management system based on household contract management in rural areas, developed a socialized service system, strengthened the collective economic strength, and guided farmers to take the road of common prosperity.
The state adheres to and improves the distribution system with distribution according to work as the main body and multiple modes of distribution coexisting in rural areas.
Article 6 The State adheres to the policy of promoting agriculture through science and education and the sustainable development of agriculture.
The state takes measures to strengthen the construction of agricultural and rural infrastructure, adjust and optimize the agricultural and rural economic structure, promote the industrialized operation of agriculture, develop agricultural science and technology and education, protect the agricultural ecological environment, promote agricultural mechanization and informatization, and improve the comprehensive agricultural production capacity.
Article 7 The state protects the property and other lawful rights and interests of farmers and agricultural production and operation organizations from infringement.
People’s governments at all levels and their relevant departments should take measures to increase farmers’ income and effectively reduce farmers’ burden.
Article 8 The whole society should attach great importance to agriculture and support its development.
The state rewards units and individuals that have made remarkable achievements in developing agriculture and rural economy.
Article 9 People’s governments at all levels shall be uniformly responsible for the development of agriculture and rural economy, and organize relevant departments and the whole society to do a good job in developing agriculture and serving it.
The administrative department of agriculture in the State Council is in charge of the national agricultural and rural economic development, while the administrative department of forestry in the State Council and other relevant departments are responsible for the relevant agricultural and rural economic development within their respective functions and duties.
The agricultural administrative departments of the local people’s governments at or above the county level shall be responsible for the agricultural and rural economic development in their respective administrative areas, such as planting, animal husbandry and fishery, and the forestry administrative departments shall be responsible for the forestry work in their respective administrative areas. Other relevant departments of the local people’s governments at or above the county level shall, within the scope of their respective duties, be responsible for the work related to serving agricultural production and operation within their respective administrative areas.
Chapter II Agricultural Production and Management System
Article 10 The state practices the contracted management system of rural land, ensures the long-term stability of rural land in contract relationship according to law, and protects farmers’ right to use contracted land.
The Land Management Law of the People’s Republic of China and the Rural Land Contract Law of People’s Republic of China (PRC) shall apply to the mode and time limit of contracted management of rural land, the rights and obligations of the employer and the contractor, and the protection and circulation of the contracted management right of land.
Rural collective economic organizations shall, on the basis of household contract management, manage collective assets according to law, provide their members with services such as production, technology and information, organize rational development and utilization of collective resources, and strengthen their economic strength.
Article 11 The state encourages farmers to voluntarily form various professional cooperative economic organizations on the basis of household contract management.
Farmers’ specialized cooperative economic organizations shall adhere to the purpose of serving their members, and carry out agricultural production, operation and service activities within the scope stipulated in their articles of association according to the principles of voluntary participation, freedom of withdrawal, democratic management and return of surplus.
Farmers’ specialized cooperative economic organizations can take many forms, be established and registered according to law. No organization or individual may infringe upon the property and operational autonomy of farmers’ professional cooperative economic organizations.
Twelfth farmers and agricultural production and operation organizations can voluntarily set up various enterprises in accordance with the principle of democratic management, distribution according to work and dividend distribution according to shares.
Article 13 The State shall take measures to develop various forms of agricultural industrialized operation, and encourage and support farmers and agricultural production and operation organizations to develop integrated operation of production, processing and sales.
The state guides and supports enterprises, scientific research units and other organizations engaged in the production, processing and circulation services of agricultural products, and forms a community of interests sharing benefits and risks by concluding contracts with farmers or farmers’ professional cooperative economic organizations or establishing various enterprises, so as to promote agricultural industrialization and promote agricultural development.
Article 14 Farmers and agricultural production and operation organizations may set up various agricultural product trade associations in accordance with laws and administrative regulations, provide production, marketing, information, technology, training and other services for their members, play a role of coordination and self-discipline, apply for agricultural product trade remedy measures, and safeguard the interests of members and industries.
Chapter III Agricultural Production
Fifteenth people’s governments at or above the county level shall, in accordance with the long-term planning of national economic and social development, the basic objectives of agricultural and rural economic development and the division of agricultural resources, formulate agricultural development plans.
The agricultural administrative departments of the people’s governments at or above the provincial level shall, in accordance with the agricultural development plan, take measures to give full play to regional advantages, promote the formation of a reasonable regional layout of agricultural production, and guide and coordinate the adjustment of agricultural and rural economic structures.
Article 16 The state guides and supports farmers and agricultural production and operation organizations to adjust and optimize the agricultural production structure according to local conditions and market demand, coordinate the development of planting, forestry, animal husbandry and fishery, develop high-quality, high-yield and high-efficiency agriculture, and improve the international competitiveness of agricultural products.
The planting industry focuses on optimizing varieties, improving quality and increasing benefits, and adjusts crop structure, variety structure and quality structure.
Strengthen forestry ecological construction, implement natural forest protection, returning farmland to forests and sand prevention and control projects, strengthen the construction of shelter forest system, and accelerate the construction of fast-growing and high-yield forests, industrial raw material forests and firewood forests.
Strengthen grassland protection and construction, accelerate the development of animal husbandry, promote captive breeding and house feeding, improve livestock and poultry varieties, and actively develop feed industry and livestock and poultry product processing industry.
Fishery production should protect and rationally utilize fishery resources, adjust fishing structure, and actively develop aquaculture, offshore fishing and aquatic product processing industry.
People’s governments at or above the county level shall formulate policies, arrange funds, and guide and support the adjustment of agricultural structure.
Article 17 People’s governments at all levels shall take measures to strengthen the comprehensive agricultural development and the construction of agricultural and rural infrastructure, such as farmland water conservancy, agricultural ecological environment protection, rural roads, rural energy and power grids, storage and circulation of agricultural products, fishing ports, grassland fences, improved animal and plant seed base, etc., improve agricultural production conditions, and protect and enhance the comprehensive agricultural production capacity.
Article 18 The state supports the breeding, production and renewal of animal and plant varieties and the popularization and use of improved varieties, encourages the combination of variety breeding with production and management, and implements seed engineering and improved livestock and poultry engineering. The State Council and the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government set up special funds to support the breeding and popularization of improved varieties of animals and plants.
Article 19 People’s governments at all levels and agricultural production and operation organizations shall strengthen the construction of farmland water conservancy facilities, establish and improve the management system of farmland water conservancy facilities, conserve water, develop water-saving agriculture, strictly control the occupation of irrigation water sources by non-agricultural construction according to law, and prohibit any organization or individual from illegally occupying or damaging farmland water conservancy facilities.
The state gives key support to the development of water-saving agriculture in water-deficient areas.
Article 20 The State encourages and supports farmers and agricultural production and operation organizations to use advanced and applicable agricultural machinery, strengthen the safety management of agricultural machinery and improve the level of agricultural mechanization.
The state gives support to farmers and agricultural production and operation organizations in purchasing advanced agricultural machinery.
Article 21 People’s governments at all levels shall support the development of meteorological services for agriculture and improve the level of monitoring and forecasting meteorological disasters.
Article 22 The state shall take measures to improve the quality of agricultural products, establish and improve the quality standard system and quality inspection and supervision system of agricultural products, organize the production and operation of agricultural products in accordance with relevant technical specifications, operating rules and quality, health and safety standards, and ensure the quality and safety of agricultural products.
Article 23 The State supports the establishment and improvement of a certification and labeling system for high-quality agricultural products according to law.
The state encourages and supports the development of high-quality agricultural products. Local people’s governments at or above the county level shall take measures to develop the production of high-quality agricultural products in accordance with local conditions and relevant state regulations.
High-quality agricultural products that meet the standards prescribed by the state may apply for the use of relevant signs in accordance with the provisions of laws or administrative regulations. Agricultural products that meet the requirements of the specified origin and production specifications may apply for the use of geographical indications of agricultural products in accordance with the provisions of relevant laws or administrative regulations.
Article 24 The state practices and improves the animal and plant epidemic prevention and quarantine system, strengthens the monitoring, early warning and prevention of animal epidemics and plant diseases, insects, weeds and rodents, establishes a rapid extinguishing mechanism for major animal epidemics and plant diseases and insect pests, builds animal epidemic-free areas and implements plant protection projects.
Twenty-fifth pesticides, veterinary drugs, feed and feed additives, fertilizers, seeds, agricultural machinery and other agricultural means of production that may endanger the safety of people and livestock shall be registered or licensed in accordance with the provisions of relevant laws and administrative regulations.
People’s governments at all levels shall establish and improve the safe use system of agricultural means of production, and farmers and agricultural production and operation organizations shall not use agricultural means of production such as pesticides, veterinary drugs, feed additives and other prohibited products that have been explicitly eliminated and prohibited by the state.
Producers and sellers of agricultural means of production shall be responsible for the quality of the products they produce and sell, and it is forbidden to shoddy, fake and genuine, and pass unqualified products off as qualified products; It is forbidden to produce and sell agricultural means of production such as pesticides, veterinary drugs, feed additives and agricultural machinery that have been explicitly eliminated by the state.
Chapter IV Circulation and Processing of Agricultural Products
Article 26 The purchase and sale of agricultural products shall be regulated by the market. The state implements necessary macro-control over the purchase and sale of important agricultural products related to the national economy and people’s livelihood, establishes a central and local grading reserve adjustment system, and improves the warehousing and transportation system to ensure supply and stabilize the market.
Article 27 The State shall gradually establish a unified, open, competitive and orderly market system for agricultural products and formulate a development plan for the wholesale market of agricultural products. The state gives support to rural collective economic organizations and farmers’ specialized cooperative economic organizations in establishing wholesale markets and bazaars for agricultural products.
The administrative departments for industry and commerce of the people’s governments at or above the county level and other relevant departments shall, according to their respective functions and duties, manage the wholesale market of agricultural products according to law, standardize the trading order and prevent local protection and unfair competition.
Article 28 The State encourages and supports the development of various forms of agricultural product circulation activities. Support farmers and farmers’ professional cooperative economic organizations to engage in agricultural products acquisition, wholesale, storage, transportation, retail and intermediary activities in accordance with relevant state regulations. Encourage supply and marketing cooperatives and other agricultural production and operation organizations engaged in the purchase and sale of agricultural products to provide market information, open up circulation channels of agricultural products and serve the sales of agricultural products.
The people’s governments at or above the county level shall take measures to urge the relevant departments to ensure the smooth transportation of agricultural products and reduce the circulation cost of agricultural products. The relevant administrative departments shall simplify the procedures to facilitate the transportation of fresh agricultural products, and shall not detain the means of transportation of fresh agricultural products unless otherwise stipulated by laws and administrative regulations.
Article 29 The State supports the development of agricultural product processing industry and food industry, and increases the added value of agricultural products. People’s governments at or above the county level shall formulate development plans for agricultural product processing industry and food industry, guide agricultural product processing enterprises to form a reasonable regional layout and scale structure, and support farmers’ professional cooperative economic organizations and township enterprises to engage in agricultural product processing and comprehensive development and utilization.
The state establishes and improves the quality standards of processed agricultural products, improves the detection methods, strengthens the quality and safety management and supervision during the processing of agricultural products, and ensures food safety.
Article 30 The State encourages the development of import and export trade of agricultural products.
The state adopts measures such as strengthening international market research and providing information and marketing services to promote the export of agricultural products.
In order to maintain the production and marketing order of agricultural products and fair trade, and establish an early warning system for agricultural products import, the state may take necessary measures when some imported agricultural products have caused or may cause significant adverse effects on the production of domestic related agricultural products.
Chapter V Food Security
Article 31 The State shall take measures to protect and improve the comprehensive grain production capacity, steadily raise the level of grain production and ensure food security.
The state establishes a farmland protection system and gives special protection to basic farmland according to law.
Article 32 The state shall give key support to major grain producing areas in terms of policies, funds and technology, build a stable commodity grain production base, improve grain storage and processing facilities, and improve grain production, processing level and economic benefits in major grain producing areas.
The state supports the establishment of a stable cooperative relationship between the main grain producing areas and the main selling areas.
Article 33 When the market price of grain is too low, the State Council may decide to implement the protective price system for some grain varieties. The protective price should be determined according to the principle of protecting farmers’ interests and stabilizing grain production.
Farmers sell grain according to the protective price system, and the purchasing units entrusted by the state shall not refuse to accept it.
The people’s governments at or above the county level shall organize financial and monetary departments and purchasing units entrusted by the state to raise enough funds for grain purchase in time, and no department, unit or individual may intercept or misappropriate them.
Article 34 The State establishes an early warning system for food safety and takes measures to ensure food supply. The State Council should set the goal of food security and the quantitative index of grain reserves, and organize the relevant competent departments to check the situation of cultivated land and grain stocks according to the needs.
The state implements a central and local grading reserve regulation system for grain and builds a storage and transportation system. Enterprises undertaking the task of national grain reserves shall ensure the quantity and quality of grain reserves in accordance with state regulations.
Article 35 The State establishes a grain risk fund to support grain reserves, stabilize the grain market and protect farmers’ interests.
Article 36 The state advocates cherishing and saving food and takes measures to improve the people’s food nutrition structure.
Chapter VI Agricultural Input and Support Protection
Article 37 The state establishes and improves the agricultural support and protection system, and adopts measures such as financial investment, tax incentives and financial support to support farmers and agricultural production and operation organizations to develop agricultural production and raise farmers’ income level in terms of capital investment, scientific research and technology popularization, education and training, supply of agricultural means of production, market information, quality standards, inspection and quarantine, socialized services and disaster relief.
Under the condition that it does not conflict with the relevant international treaties concluded or acceded to by China, the state shall implement the income support policy for farmers, and the specific measures shall be formulated by the State Council.
Article 38 The State shall gradually raise the overall level of agricultural input. The annual growth rate of the central and local governments at or above the county level’s total investment in agriculture should be higher than the growth rate of their recurrent fiscal revenue.
The funds for agriculture arranged by the people’s governments at all levels in the fiscal budget should be mainly used for: strengthening the construction of agricultural infrastructure; Support the adjustment of agricultural structure and promote the industrialized management of agriculture; Protect the comprehensive grain production capacity and ensure the national food security; Improve the system of animal and plant quarantine and epidemic prevention, and strengthen the prevention and control of animal diseases and plant diseases, insects, weeds and rodents; Establish and improve the quality standards of agricultural products, inspection and supervision system, agricultural products market and information service system; Support agricultural scientific research and education, agricultural technology popularization and farmers’ training; Strengthen the construction of agricultural ecological environment protection; Support the development of poverty-stricken areas; Guarantee the income level of farmers.
The financial investment in agricultural capital construction for planting, forestry, animal husbandry, fishery and irrigation and water conservancy at or above the county level shall be co-ordinated and coordinated.
In order to speed up the development of the western region, the state has increased its investment in agricultural development and ecological environment protection in the western region.
Thirty-ninth people’s governments at or above the county level shall allocate all funds for agriculture in the annual budget in a timely and full manner. People’s governments at all levels shall strengthen the supervision and management of the allocation and use of various agricultural funds in the country, ensure the safety of funds and improve the efficiency of the use of funds.
No unit or individual may intercept or misappropriate financial funds and credit funds for agriculture. Audit institutions shall strengthen audit supervision of financial and credit funds used for agriculture according to law.
Article 40 The state encourages and guides farmers and agricultural production and operation organizations to increase investment in agricultural production and operation and capital construction such as small-scale farmland water conservancy by means of taxation, price and credit.
The state encourages and supports farmers and agricultural production and operation organizations to raise agricultural funds in various forms according to law on a voluntary basis.
Article 41 The State encourages social funds to be invested in agriculture, and encourages enterprises, institutions, social organizations and individuals to contribute to the establishment of various agricultural construction and agricultural science, technology and education funds.
The state takes measures to promote agriculture to expand the use of foreign capital.
Forty-second people’s governments at all levels should encourage and support enterprises, institutions and other economic organizations to carry out agricultural information services.
The administrative department of agriculture of the people’s government at or above the county level and other relevant departments shall establish a system for collecting, sorting and publishing agricultural information, and provide market information and other services to farmers and agricultural production and operation organizations in a timely manner.
Article 43 The State encourages and supports the development of agro-industries.
The state encourages and supports the production and trade of agricultural means of production by means of taxation and credit, and provides material guarantee for the steady growth of agricultural production.
The state adopts macro-control measures to maintain a reasonable price comparison between major agricultural means of production and agricultural products such as chemical fertilizers, pesticides, agricultural films, agricultural machinery and agricultural diesel oil.
Article 44 The State encourages supply and marketing cooperatives, rural collective economic organizations, farmers’ specialized cooperative economic organizations, other organizations and individuals to develop various forms of socialized services before, during and after agricultural production. The people’s governments at or above the county level and their relevant departments shall take measures to support the socialized agricultural services.
The relevant departments of agriculture, industry and commerce management, transportation, public security and so on shall take measures to support those who engage in agricultural socialization services across regions.
Article 45 The State shall establish and improve the rural financial system, strengthen the construction of rural credit system and strengthen rural financial supervision.
Relevant financial institutions should take measures to increase credit input, improve rural financial services, and provide credit support for agricultural production and operation activities of farmers and agricultural production and operation organizations.
Rural credit cooperatives should adhere to the purpose of serving agriculture, farmers and rural economic development, and give priority to providing credit services for the production and business activities of local farmers.
The state encourages financial institutions to provide loans to farmers and agricultural production and operation organizations for agricultural production and operation activities through measures such as interest subsidies.
Article 46 The State establishes and improves the agricultural insurance system.
The state gradually establishes and improves the policy-based agricultural insurance system. Encourage and support farmers and agricultural production and operation organizations to establish mutual assistance and cooperative insurance organizations to serve agricultural production and operation activities, and encourage commercial insurance companies to carry out agricultural insurance business.
Agricultural insurance is voluntary. No organization or individual may force farmers and agricultural production and operation organizations to participate in agricultural insurance.
Article 47 People’s governments at all levels shall take measures to improve the ability of agriculture to defend against natural disasters, do a good job in disaster prevention, resilience and relief, help the victims to resume production, organize self-help in production, and carry out social mutual assistance; Give relief and support to the victims who have no basic living guarantee.
Chapter VII Agricultural Science and Technology and Agricultural Education
Article 48 the State Council and the people’s governments at the provincial level shall formulate development plans for agricultural science, technology and education, and develop agricultural science, technology and education.
The people’s governments at or above the county level shall gradually increase the funds for agricultural science and technology and agricultural education in accordance with the relevant provisions of the state.
The state encourages and attracts enterprises and other social forces to increase investment in agricultural science and technology, and encourages farmers, agricultural production and operation organizations, enterprises and institutions to hold agricultural science and technology and education undertakings according to law.
Article 49 The State protects intellectual property rights such as new plant varieties and geographical indications of agricultural products, encourages and guides agricultural scientific research and educational institutions to strengthen basic research and applied research of agricultural science and technology, spreads and popularizes agricultural scientific and technological knowledge, accelerates the transformation and industrialization of scientific and technological achievements, and promotes the progress of agricultural science and technology.
The relevant departments of the State Council shall organize scientific and technological research on major key agricultural technologies. The state takes measures to promote international cooperation and exchanges in agricultural science, technology and education, and encourages the introduction of foreign advanced technologies.
Article 50 The state supports the cause of agro-technical popularization, and establishes an agro-technical popularization system that combines government support with market guidance, paid and unpaid services, and national agro-technical popularization institutions and social forces, so as to promote the application of advanced agricultural technologies to agricultural production as soon as possible.
Article 51 Agricultural technology popularization institutions established by the state should rely on agricultural technology experimental demonstration bases, undertake public welfare responsibilities such as popularization and demonstration of key technologies needed by the public, and provide free agricultural technology services for farmers and agricultural production and operation organizations.
The people’s governments at or above the county level shall, according to the needs of the development of agricultural production, stabilize and strengthen the ranks of agricultural technology popularization, and ensure the working funds of agricultural technology popularization institutions.
People’s governments at all levels shall take measures to ensure and improve the working conditions, wages and living conditions of professional scientific and technical personnel engaged in agricultural technology popularization in accordance with state regulations, and encourage them to serve agriculture.
Article 52 Agricultural scientific research units, relevant schools, farmers’ professional cooperatives, agriculture-related enterprises, mass scientific and technological organizations and relevant scientific and technological personnel may provide free services according to the needs of farmers and agricultural production and operation organizations, or provide paid services in the form of technology transfer, technical services, technical contracting, technical consultation and technology shareholding, so as to obtain legal benefits. Agricultural scientific research units, relevant schools, farmers’ professional cooperatives, agriculture-related enterprises, mass scientific and technological organizations and relevant scientific and technological personnel should improve their service level and ensure the quality of service.
The state gives preferential treatment in taxation, credit and other aspects to enterprises serving agriculture organized by agricultural scientific research units, relevant schools and agricultural technology popularization institutions.
The state encourages and supports farmers, supply and marketing cooperatives, other enterprises and institutions to participate in agricultural technology popularization.
Article 53 The State establishes a system of continuing education for agricultural professionals and technicians. The administrative department of agriculture of the people’s government at or above the county level shall, jointly with the relevant departments of education and personnel, formulate the continuing education plan for agricultural professional and technical personnel and organize its implementation.
Article 54 The state implements compulsory education in rural areas according to law and guarantees the funds for compulsory education. The salaries of teachers and staff in ordinary primary and secondary schools run by the state in rural areas are uniformly paid by the people’s governments at the county level in accordance with state regulations, and the funds for the construction and maintenance of teaching facilities such as school buildings are uniformly arranged by the people’s governments at the county level in accordance with state regulations.
Article 55 The state develops agricultural vocational education. The relevant departments of the State Council carry out the job classification and job skill appraisal of the agricultural industry in accordance with the unified provisions of the national vocational qualification certificate system, and manage the vocational qualification certificate of the agricultural industry.
Article 56 The state shall take measures to encourage farmers to adopt advanced agricultural techniques, support farmers to set up various scientific and technological organizations, and carry out practical agricultural technical training, farmers’ green certificate training and other employment training, so as to improve farmers’ cultural and technical quality.
Chapter VIII Agricultural Resources and Agricultural Environmental Protection
Article 57 To develop agriculture and rural economy, we must rationally utilize and protect natural resources such as land, water, forests, grasslands, wild animals and plants, rationally develop and utilize renewable energy sources such as hydropower, biogas, solar energy and wind energy, develop ecological agriculture and protect and improve the ecological environment.
The people’s governments at or above the county level shall formulate the zoning of agricultural resources or the rational utilization and protection of agricultural resources, and establish a monitoring system for agricultural resources.
Article 58 Farmers and agricultural production and operation organizations shall maintain cultivated land, rationally use chemical fertilizers, pesticides and agricultural films, increase the use of organic fertilizers, adopt advanced technologies, protect and improve soil fertility, and prevent the pollution and destruction of agricultural land and the decline of soil fertility.
The administrative department of agriculture of the people’s government at or above the county level shall take measures to support farmers and agricultural production and operation organizations to strengthen the construction of cultivated land quality and regularly monitor the quality of cultivated land.
Article 59 People’s governments at all levels shall take measures to strengthen the comprehensive management of small watersheds and prevent and control soil erosion. Units and individuals engaged in production and construction activities that may cause soil erosion must take preventive measures and be responsible for controlling soil erosion caused by production and construction activities.
People’s governments at all levels shall take measures to prevent land desertification and control desertified land. The local people’s governments at or above the county level in the State Council and areas where desertified land is located shall, in accordance with the law, formulate plans for sand prevention and control, and organize their implementation.
Article 60 The state practices the system of voluntary tree planting for the whole people. People’s governments at all levels shall take measures to organize the masses to plant trees, protect forest land and trees, prevent forest fires, prevent forest diseases and insect pests, stop deforestation and illegal logging, and improve forest coverage.
The state implements a system of banning or restricting logging in natural forest protection areas and strengthens afforestation and forest protection.
Article 61 The local people’s governments concerned shall strengthen the protection, construction and management of grasslands, guide and organize farmers (pastoralists) and agricultural (pastoralist) production and operation organizations to build artificial grasslands, forage forage base and improve natural grasslands, adopt grass as livestock, control livestock carrying capacity, implement the system of rotational grazing, grazing suspension and grazing prohibition, protect grassland vegetation and prevent grassland degradation, desertification and salinization.
Article 62 It is forbidden to destroy forests and grass for reclamation, to burn mountains for reclamation and to reclaim steep slopes prohibited by the state. Those that have been reclaimed should gradually return farmland to forests and grasslands.
Reclamation of lakes and wetlands prohibited by the state is prohibited. Those who have reclaimed land should gradually return farmland to lakes and wetlands.
Farmers who implement returning farmland within the approved planning scope of the State Council shall be subsidized according to the provisions of the state.
Article 63 People’s governments at all levels shall take measures to implement the fishing quota and the system of fishing ban and fishing moratorium according to law, so as to increase fishery resources and protect the ecological environment of fishery waters.
The state guides and supports farmers (fishermen) and their production and operation organizations engaged in fishing to engage in aquaculture or other occupations, and shall subsidize farmers (fishermen) who change jobs according to the unified planning of the local people’s government in accordance with state regulations.
Article 64 The State establishes a system for the protection of biological species resources related to agricultural production, protects biodiversity, and puts emphasis on the protection of rare, endangered and precious biological resources and their original places. The introduction of biological species resources from abroad shall be registered or approved according to law, and corresponding safety control measures shall be taken.
The research, testing, production, processing, management and other applications of agricultural genetically modified organisms must strictly implement various safety control measures in accordance with state regulations.
Article 65 Agricultural administrative departments at all levels shall guide farmers and agricultural production and operation organizations to take biological measures or use pesticides and veterinary drugs with high efficiency, low toxicity and low residue to prevent and control animal and plant diseases, insects, weeds and rodents.
Straw and other surplus materials after agricultural products are harvested should be comprehensively utilized and properly disposed to prevent environmental pollution and ecological damage.
Units and individuals engaged in large-scale breeding of livestock and poultry shall carry out harmless treatment or comprehensive utilization of feces, wastewater and other wastes, and units and individuals engaged in aquaculture shall reasonably feed, fertilize and use drugs to prevent environmental pollution and ecological damage.
Article 66 The people’s governments at or above the county level shall take measures to urge the relevant units to control and prevent the pollution of agricultural ecological environment by waste water, waste gas and solid waste. If the discharge of waste water, waste gas and solid waste causes agricultural ecological environment pollution accidents, the competent administrative department of environmental protection or the competent administrative department of agriculture shall investigate and deal with them according to law; If losses are caused to farmers and agricultural production and operation organizations, the responsible persons concerned shall compensate according to law.
Chapter IX Protection of Farmers’ Rights and Interests
Article 67 Any organ or unit must collect administrative and institutional fees from farmers or agricultural production and operation organizations in accordance with the provisions of laws and regulations. The items, scope and standards of fees shall be announced. Farmers and agricultural production and operation organizations have the right to refuse fees that are not based on laws and regulations.
Any organ or unit that fines farmers or agricultural production and operation organizations must be in accordance with the provisions of laws, regulations and rules. Farmers and agricultural production and operation organizations have the right to refuse fines that are not based on laws, regulations and rules.
No organ or unit may apportion the expenses to farmers or agricultural production and operation organizations in any way. Unless otherwise provided by laws and regulations, any organ or unit that requests farmers or agricultural production and operation organizations to provide manpower, financial resources and material resources in any way belongs to apportionment. Farmers and agricultural production and operation organizations have the right to refuse any form of apportionment.
Article 68 People’s governments at all levels and their relevant departments and subordinate units shall not raise funds from farmers or agricultural production and operation organizations in any way.
Without the basis of laws and regulations or the approval of the State Council, no organ or unit may carry out any form of compliance, upgrading and acceptance activities in rural areas.
Article 69 Farmers and agricultural production and operation organizations shall bear the obligation to pay taxes in accordance with the provisions of laws and administrative regulations. Tax authorities and tax withholding and collecting units shall collect taxes according to law, and shall not apportion taxes illegally or collect taxes by other illegal methods.
Seventieth rural compulsory education in addition to the fees charged according to the provisions of the State Council, shall not charge other fees to farmers and students. It is forbidden for any organ or unit to charge farmers through rural primary and secondary schools.
Article 71 When the state expropriates land collectively owned by peasants according to law, it shall protect the legitimate rights and interests of peasants and rural collective economic organizations and give them compensation for land expropriation according to law. No unit or individual may intercept or misappropriate the compensation fee for land expropriation.
Article 72 People’s governments at all levels, rural collective economic organizations or villagers’ committees shall not infringe upon farmers’ land contractual management rights, interfere with production and management projects independently arranged by farmers, or force farmers to buy designated means of production or sell agricultural products through designated channels in the process of agricultural and rural economic restructuring, agricultural industrialization and transfer of land contractual management rights.
Article 73 If a rural collective economic organization or a villagers’ committee needs to raise funds and labor from its members (villagers) for the development of production or the establishment of public welfare undertakings, it shall be approved by more than half of the members’ (villagers’) meeting or the members’ (villagers’) representative meeting before it can be carried out.
Rural collective economic organizations or villagers’ committees that raise funds and raise labor in accordance with the provisions of the preceding paragraph shall not exceed the upper limit control standards set by the people’s governments at or above the provincial level, and it is forbidden to force capital to do it for them.
Rural collective economic organizations and villagers’ committees shall disclose important matters concerning farmers’ interests, publish their financial accounts regularly and accept their supervision.
Article 74 Any unit or individual that provides paid services such as production, technology, information, culture and insurance to farmers or agricultural production and operation organizations must adhere to the principle of voluntariness and may not force farmers or agricultural production and operation organizations to accept services.
Article 75 When purchasing agricultural products, an agricultural product purchasing unit shall not keep prices down, nor shall it withhold any fees from the paid price. Where laws and administrative regulations provide for withholding and collecting taxes, it shall be handled in accordance with the provisions of laws and administrative regulations.
If there is a dispute between the purchasing unit of agricultural products and the seller of agricultural products due to the quality grade of agricultural products, they may entrust an agricultural product quality inspection institution with legal qualifications for inspection.
Article 76 If a user of agricultural means of production suffers losses due to the quality problems of the means of production, the operator who sells the means of production shall make compensation, including the purchase price, relevant expenses and loss of available benefits.
Article 77 In order to safeguard their legitimate rights and interests, farmers or agricultural production and operation organizations have the right to report the situation to the people’s governments at all levels and their relevant departments and make legitimate demands. The people’s governments and their relevant departments shall give timely answers to the reasonable demands made by farmers or agricultural production and operation organizations in accordance with state regulations.
Article 78 Where a violation of the law violates the rights and interests of farmers, farmers or agricultural production and operation organizations may apply for administrative reconsideration or bring a lawsuit to the people’s court according to law, and the relevant people’s government and its relevant departments or the people’s court shall accept it according to law.
The people’s courts and judicial administrative authorities shall provide legal aid to farmers in accordance with relevant regulations.
Chapter X Rural Economic Development
Article 79 The state adheres to the principle of coordinated development between urban and rural areas, supports the development of secondary and tertiary industries in rural areas, adjusts and optimizes the rural economic structure, increases farmers’ income, promotes the all-round development of rural economy and gradually narrows the gap between urban and rural areas.
Article 80 People’s governments at all levels shall take measures to develop township enterprises, support the development of agriculture and transfer surplus agricultural labor.
The State shall improve the supporting measures for the development of township enterprises and guide them to optimize their structure, update their technology and improve their quality.
Article 81 The local people’s governments at or above the county level shall, according to the local economic development level, location advantages and resource conditions, and in accordance with the principles of rational layout, scientific planning and land conservation, focus on promoting the construction of small towns in rural areas.
Local people’s governments at all levels should pay attention to the use of market mechanisms, improve corresponding policies, attract farmers and social funds to invest in the development and construction of small towns, develop secondary and tertiary industries, and guide the relatively centralized development of township enterprises.
Article 82 The state shall take measures to guide the rural surplus labor force to flow in a reasonable and orderly way between urban and rural areas and regions. Local people’s governments at all levels shall protect the legitimate rights and interests of rural laborers entering urban employment according to law, and shall not set unreasonable restrictions, and those that have been set shall be cancelled.
Article 83 The state gradually improves the rural social relief system to ensure the basic livelihood of rural five-guarantee households, poor disabled farmers, poor elderly farmers and other farmers who have lost their ability to work.
Article 84 The state encourages and supports farmers to consolidate and develop rural cooperative medical care and other forms of medical security, so as to improve farmers’ health.
Article 85 The state assists poor areas to improve the conditions for economic development and helps them to carry out economic development. The people’s governments at the provincial level shall, according to the overall objectives and requirements of the state on supporting poverty-stricken areas, formulate poverty alleviation and development plans and organize their implementation.
People’s governments at all levels should adhere to the development-oriented poverty alleviation policy, organize farmers and agricultural production and operation organizations in poverty-stricken areas to rationally use poverty alleviation funds, change poverty and backwardness by relying on their own strength, and guide farmers in poverty-stricken areas to adjust their economic structure and develop local resources. Poverty alleviation and development should adhere to the combination of resource protection and ecological construction, and promote the coordinated development and overall progress of economy and society in poverty-stricken areas.
Article 86 The central and provincial governments should include the investment in poverty alleviation and development in the annual financial budget, and increase it year by year, and increase the financial transfer payment and construction capital investment in poverty-stricken areas.
The state encourages and supports financial institutions, other enterprises, institutions and individuals to invest funds to support the development and construction of poverty-stricken areas.
It is forbidden for any unit or individual to intercept or misappropriate poverty alleviation funds. Audit institutions should strengthen the audit supervision of poverty alleviation funds.
Chapter XI Law Enforcement Supervision
Article 87 People’s governments at or above the county level shall take measures to gradually improve the agricultural administrative management system that meets the requirements of the development of the socialist market economy.
The agricultural administrative departments of the people’s governments at or above the county level and the relevant administrative departments shall strengthen their responsibilities of planning, guidance, management, coordination, supervision and service, administer according to law and enforce the law impartially.
Agricultural administrative departments of local people’s governments at or above the county level shall improve the administrative law enforcement team within the scope of their duties, implement comprehensive law enforcement, and improve the efficiency and level of law enforcement.
Eighty-eighth agricultural administrative departments of the people’s governments at or above the county level and their law enforcement officers have the right to take the following measures when performing their duties of law enforcement supervision and inspection:
(a) require the inspected units or individuals to explain the situation and provide relevant documents, licenses and materials;
(2) Ordering the units or individuals under inspection to stop their acts in violation of this Law and perform their legal obligations.
Agricultural administrative law enforcement personnel shall, when performing their duties of supervision and inspection, show their administrative law enforcement certificates to the inspected units or individuals and abide by the law enforcement procedures. The relevant units or individuals shall cooperate with agricultural administrative law enforcement personnel to perform their duties according to law, and shall not refuse or hinder them.
Eighty-ninth agricultural administrative departments and agricultural production and business units must be completely separated in institutions, personnel and finance. Agricultural administrative departments and their staff shall not participate in and engage in agricultural production and business activities.
Chapter XII Legal Liability
Article 90 Anyone who, in violation of the provisions of this Law, infringes upon farmers’ and agricultural production and operation organizations’ land contractual management rights and other property rights or other legitimate rights and interests shall stop the infringement and restore the original state; If losses or damages are caused, they shall be liable for compensation according to law.
State functionaries who infringe upon the legitimate rights and interests of farmers and agricultural production and operation organizations by taking advantage of their positions or in other names shall compensate for the losses, and shall be given administrative sanctions by their units or the competent authorities at higher levels.
Article 91 Whoever violates the provisions of Articles 19, 25, 62 and 71 of this Law shall be punished in accordance with the provisions of relevant laws or administrative regulations.
Article 92 In case of any of the following acts, the competent authority at a higher level shall order it to return the withheld or misappropriated funds within a time limit, confiscate the illegal income, and the competent authority at a higher level or the unit to which it belongs shall give administrative sanctions to the directly responsible person in charge and other directly responsible personnel; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) in violation of the provisions of the third paragraph of Article 33 of this law, interception and misappropriation of grain purchase funds;
(two) in violation of the provisions of the second paragraph of Article 39 of this law, interception and misappropriation of financial funds and credit funds for agriculture;
(three) in violation of the provisions of the third paragraph of Article 86 of this law, interception and misappropriation of poverty alleviation funds.
Article 93 Whoever, in violation of the provisions of Article 67 of this Law, illegally collects fees, fines or apportions from farmers or agricultural production and operation organizations shall be stopped by the competent authority at a higher level and announced; If money has been collected or manpower and material resources have been used, the competent authority at a higher level shall order it to return the money already collected within a time limit or the used manpower and material resources at a discount, and the competent authority at a higher level or the unit to which it belongs shall give administrative sanctions to the directly responsible person in charge and other directly responsible personnel; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law.
Article 94 In case of any of the following acts, the competent authority at a higher level shall order it to stop the illegal act, impose administrative sanctions on the directly responsible person in charge and other directly responsible personnel, and order it to return the illegally collected fund-raising, taxes or fees:
(a) in violation of the provisions of Article 68 of this law, illegal fund-raising, reaching standards, upgrading and acceptance activities in rural areas;
(2) In violation of the provisions of Article 69 of this Law, collecting taxes from farmers by illegal means;
(three) in violation of the provisions of article seventieth of this law, through rural primary and secondary schools to farmers in excess of the project fees.
Article 95 Whoever, in violation of the provisions of the second paragraph of Article 73 of this Law, forces farmers to do their work with capital shall be ordered by the township (town) people’s government to make corrections and return the illegally collected funds.
Article 96 Anyone who, in violation of the provisions of Article 74 of this Law, forces farmers and agricultural production and operation organizations to accept paid services shall be ordered by the relevant people’s government to make corrections and return the illegally collected fees; If the circumstances are serious, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions; If losses are caused to farmers and agricultural production and operation organizations, they shall be liable for compensation according to law.
Article 97 Any staff member of the agricultural administrative department of the people’s government at or above the county level who participates in and engages in agricultural production and operation activities in violation of the provisions of this Law shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter XIII Supplementary Provisions
Article 98 The provisions of this Law concerning farmers shall apply to the employees of state-owned farms, pastures, forest farms, fishing grounds and other enterprises and institutions engaged in contracted management.
Article 99 This Law shall come into force as of March 1, 2003.