Civil Code: Tenancy of Land for Agriculture

(These clauses are selected from The Civil Code of the People’s Republic of China translated and authored by Steve Li and Robert Zhang, international arbitration lawyers registered in Shanghai, China, and published by Kindle Unlimited. No reproduction is allowed unless authorized by the authors.)
 
Chapter XI Tenancy of Land for Agriculture
Article 330 The State shall implement a two-tier management system of rural collective economic organizations dominated by family-based tenancy operation subject to both unified and decentralized management.
Cultivated lands, woodlands, grasslands, and other lands for agricultural purposes owned by rural collective entities or owned by the State and used by rural collective entities, shall be managed under the system of land tenancy according to law.
Article 331 Tenants may possess, use, and profit from the cultivated lands, woodlands, or grasslands under their tenancies according to law and use them for planting, forestry, animal husbandry, and other agricultural operations.
Article 332 The tenancy term shall be 30 years for cultivated land, 30 to 50 years for grassland, and 30 to 70 years for woodland.
Upon the expiration of the tenancy term specified in the preceding paragraph, the tenant shall be entitled to renew the tenancy in accordance with the applicable provisions of the law on the tenancy of land for agriculture.
Article 333 A tenancy of land for agriculture shall be created upon the entry into force of the tenancy contract.
The registration authority shall issue a certificate of land tenancy or forest tenancy, as the case may be, to the tenant, and record its tenancy in the tenancy register for confirmation.
Article 334 Tenants of lands for agriculture may exchange or transfer their tenancies according to law. No tenanted land for agriculture may be diverted from agricultural to non-agricultural purposes without approval according to law.
Article 335 In case of exchange or transfer of land tenancy, either of the parties may apply for registration before the competent registration authority. Any exchange or transfer without registration shall not be pleaded as a defense against any bona fide third party.
Article 336 The owner of any tenanted land for agriculture shall not make adjustments to such land during the tenancy term.
Where it is necessary to make adjustments to any tenanted cultivated land or grassland due to material damage to such land in case of a natural disaster or any other major event, the adjustments shall be made in accordance with the laws applicable to the tenancy of land for agriculture.
Article 337 The owner of any tenanted land for agriculture shall not early terminate the tenancy of such land unless otherwise specified by law.
Article 338 Where any tenanted land for agriculture is expropriated, the tenant shall be entitled to corresponding compensation in accordance with Article 243 of this Code.
Article 339 A tenant of land for agriculture may, at its sole discretion, transfer its tenancy by leasing, shareholding, or otherwise according to law.
Article 340 A usufructuary of any land for agriculture may occupy the land under the contract and, at its sole discretion, use it for and profit from agricultural production and operation within the period specified in the contract.
Article 341 In case of transfer of any tenancy of land for agriculture for a period of more than 5 years, a new tenancy shall be created upon the entry into force of the transfer contract. Either of the parties may apply for registration of the transfer before the competent registration authority. Any transfer without registration shall not be pleaded as a defense against any bona fide third party.
Article 342 A tenant who is granted a tenancy of land for agriculture through bidding, auction, public consultation, or otherwise and obtains a certificate of title upon registration according to law may transfer its tenancy by leasing, shareholding, mortgaging, or otherwise according to law.
Article 343 The tenancies of lands for agriculture owned by the State shall be governed, mutatis mutandis, by the provisions of this Part Three.