GB/T 38746-2020 in English
VALIDTransfer transaction of rural property rights—Specification for transfer transaction service of the management rights to rural land
- Issued on:2020-04-28
- Implemented on:2020-11-01
- File Format:PDF
- Delivery:Via email within 1~3 business days
$214.00
| Standard No: | GB/T 38746-2020 |
| Document status: | VALID |
| Title in English: | Transfer transaction of rural property rights—Specification for transfer transaction service of the management rights to rural land |
| Title in Chinese: | 农村产权流转交易 土地经营权流转交易服务规范 |
| Language: | English |
| File Format: | Electronic (PDF) |
| Delivery: | Via email within 1~3 business days |
| Issued on: | 2020-04-28 |
| Implemented on: | 2020-11-01 |
| ICS Classification: | 65.020.01-Farming and forestry in general |
| Chinese Classification: | B00-Standardization, quality management |
| Professional Classification: | GB-National Standard |
| Related Topics: | property
trade land AC impedance via Streamer Permissions contract transaction contract transaction Underground trading AC Forecast AC GBT38746 GB/T 38746-2020 Land management rights trust management and services |
《GB/T 38746-2020农村产权流转交易 土地经营权流转交易服务规范》由SWG23（全国农业社会化服务标准化工作组）归口，主管部门为国家标准化管理委员会。
Introduction
Definition of core terms
| Terms | Definition | Scope of application |
|---|---|---|
| Rural land management rights transfer and transaction services | Provide full-process services such as acceptance of applications, organization of transactions, and issuance of certification for transfer transactions | Agricultural land such as cultivated land/forest land/grassland |
| Transaction certification | Legal certificate recording project number, information of both parties, transaction amount and other elements | Issued within 3 working days after the price is settled |
Key requirements for service agencies
Qualification requirements: Must have legal person status and special transaction qualifications, and establish a professional team (Article 4.1)
Facility configuration: Should be equipped with an independent trading venue, information release platform and archive management system (4.1.2)
Service content: Includes basic services (information release, transaction organization, etc.) and value-added services (asset evaluation, legal consulting, etc.) (Article 4.3)
Standardized transaction process
| Stages | Time limit requirements | Key documents |
|---|---|---|
| Application acceptance | Review completed within 3 working days | Entrusted transaction agreement |
| Information Announcement | ≥10 working days | Transfer Announcement |
| Contract Signing | Within 5 working days after the transaction | Operation Rights Transfer Contract |
Transaction Method Selection Mechanism
Agreement Transfer:Adopted when there is only one interested party (6.1.2a)
Bidding/Auction:Adopted when there are multiple interested parties (6.1.2b)
Special Circumstances:Bidding is applicable to complex projects (Appendix A.4)
Key Points for Risk Prevention and Control
Termination conditions: When there is a dispute over ownership or force majeure (7.1.1)
File management: Both electronic and paper files must be kept in accordance with the requirements of GB/T18894 (7.3.2)
Dispute resolution: Establish a complaint mechanism in accordance with GB/T19012 (Clause 8.2)
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