Date:13-07-2010

Source:MOA

The Arbitration Rule for Disputes of Rural Land Contracting and Managing, which were deliberated and adopted at the 10th executive meeting of the Ministry of Agriculture on December 18, 2009, are hereby promulgated upon the approval of the State Forestry Administration, and shall come into force on January 1, 2010.

　　　　　　　　　　　Han Changfu, Minister of Agriculture
　　　　　　　Jia Zhibang, Director of the State Forestry Administration
　　　　　　　　December 29, 2009

Rules on the Arbitration of Rural Land Contract Disputes

Chapter I General Provisions

Article 1 These Regulations are enacted pursuant to the Law of the People’s Republic of China on the Mediation and Arbitration of Rural Land Contract Disputes, for the purpose of regulating the arbitration of rural land contract disputes.

Article 2 The arbitrations of rural land contract disputes shall be governed by these Rules.

Article 3 Persons involved in the disputes could apply for arbitrations to the Rural Land Contracting Arbitral Commissions in case of the following rural land contract disputes:

1. Disputes caused by concluding, implementing, modifying, cancelling and terminating contracts of rural land contracting.

2. Disputes caused by exchanges of the management right of rural land contract (including sub-contract, lease, interchange, transfer and buy a share.)

3. Disputes caused by withdrawal or regulation of the contracted land.

4. Disputes caused by the validation of the management right of rural land contract.

5. Disputes caused by the violation of the management right of rural land contract.

6. All other rural land contract disputes specified by laws and regulations.

Disputes caused by collection of collective owned land and compensations, which could be solved by administrative reconsideration or lawsuit, are not in the scope of acceptance by the arbitral commissions.

Article 4 The arbitral commissions are established in accordance with the law, and the routine duties are taken by the local rural land contracting authorities.

Article 5 The arbitrations of rural land contract disputes must be in a open, fair and just way, must be convenient and effective for the public, must pay attention to the mediations, must be factualism, and must comply with social morality.

Chapter II Application and Acceptance

Article 6 The arbitration parties are applicant and respondent of the arbitrations of rural land contract disputes.

Article 7 In case of household contract a representative of the farmers could participate in the arbitration. The representative shall be elected jointly by the farmers, or if unavailable, determined in the following ways:

1. Person(s) recorded on the Certificate of Management Right of Rural Land Contracting or Forest Property Right Certification.

2. Person(s) signed on the contracting contract when the Certificate of Management Right of Rural Land Contracting or Forest Property Right Certification is not available.

Article 8 A party of five more families and/or persons could elect a representative consists of three to five persons.

Article 9 If a person is related to the result of the case, he/she could participate in the arbitration as a third party, or informed by the arbitral commission.

Article 10 The parties or the third-party could commit an agent to participate in the arbitration.

The legal representatives of the parties or the third-party, without or with limited capacity for civil conduct, may participate in the arbitration.

Article 11 The valid period a party applies for arbitration of rural land contract disputes is two years which is counted from the day the party knows or must knows the violation of his/her rights.

The valid period is interrupted by the application of mediation, the application of arbitration, one of the parties makes a request or agrees to fulfil obligations. The valid period is recounted from the date of interruption.

In the last six months of the valid period, if the parties is unable to apply a arbitration in case of force majeure or other matters, the valid period suspends. The count of the valid period continues from the date the reason of suspension disappears.

The valid period is counted from the date the violation ends when the violation continues.

Article 12 Application for arbitrations of rural land contract disputes shall conform with the following conditions:

1. The applicant is directly related in the case,

2. There is definite accused party,

3. There is specific application, truth and reason for arbitration, and

4. The application is in the scope of the acceptance of the arbitral commission.

Article 13 The party shall submit the Application Form for Arbitration to the relative arbitral commission of the land in disputes. The Application Form shall be delivered by mail or others.

If the applicant is inconvenient to submit a Written application, a verbal request is acceptable, and the words, with signature, seal or fingerprint of the applicant, must be written into the record of words by the arbitral commission.

Upon receipt of the application for arbitration, the arbitral commission shall return a receipt. The receipt shall be sealed by the arbitral commission, and clearly specify the title, the numbers and the date of receipt.

Article 14 The following contents shall be clearly specified in the Application Form for Arbitration:

1. The name, age, address, post code, telephone or other communications of the applicant and accused party. The name and address of the legal person or other organization, and the name, position and communications of the legal representative or the person in charge.

2. Requests for arbitration.

3. Facts and reasons of the requests for arbitration.

4. evidence and the source of evidence, the name and communications of the witness(es).

Article 15 The arbitral commission shall inspect the application for arbitration, and accept applications conform to conditions.

In case of the following situations, an arbitration commission shall not accept the application for arbitration and the procedure of arbitration of accepted application shall be terminated：

1. the conditions have not been fulfilled,

2. the dispute has been accepted by a people's court,

3. the disputes shall be accepted by other institutions according to legal provisions, and

4. there is effective judgments, written orders, arbitration awards and administrative services over the disputes.

Article 16 When an arbitral commission decides to accept the application for arbitration, it should serve the notice of acceptance, the arbitration rules and the list of arbitrators to the applicant within five days from the date of receipt, and serve the notice of acceptance, a copy of the application form for arbitration, the arbitration rules and the list of arbitrators to the accused party.

If an arbitral commission decides not to accept the application or to terminate the procedure of arbitration, it should notice the applicant in black and white with reasons within five working days from the date of receipt of the application for arbitration or the date of discovering termination conditions of procedure of arbitration.

If it is need to notice the third-party to participate in the arbitration, an arbitral commission should notice the third-party and inform him/her the rights and obligations.

Article 17 Upon receipt of a copy of the arbitration application, the respondent shall, within ten day, submit its defence to the arbitral commission.

Upon receipt of the defence, the arbitration commission shall, within five days, serve a copy of the reply on the applicant.

The failure of the respondent to submit a defence shall not affect the proceeding of the arbitration procedures.

Article 18 A defence shall state clearly the following:

1. The name, age, address, post code, telephone or other communications of the respondent. The name and address of the legal person or other organization, and the name, position and communications of the legal representative or the person in charge.

2. the defence to the applicant's application for arbitration and on which the defence is based; and

3. evidence and the source of evidence, the name and communications of the witness(es).

If the respondent is inconvenient to submit a written defence, a verbal defence is acceptable, and the words, with signature, seal or fingerprint of the respondent, must be written into the record of words by the arbitral commission.

Article 19 The parties shall submit the arbitration application, the defence, the related evidentiary materials and other written documents in triplicate.

Article 20 A party applies for property preservation if, as the result of an act of the other party or for some other reasons, it appears that an award may be impossible or difficult to enforce, the arbitration commission shall submit the application of the party to a lowest level of the local people's court according to the address or the place where the property is located, and it shout be informed to the applicant that he/she shall take relevant liability for compensation due to wrong applications.

Chapter III Arbitration Tribunal

Article 21 An arbitration tribunal may comprise three arbitrators.

For rural land contract disputes with clear facts, certain rights and obligations relationship, and having no large disputes, and agreed upon by both side, one arbitrator may render an award.

Article 22 Both parties shall select the arbitrators from the list of arbitrators within five days after receipt of the notice of acceptance. The presiding arbitrator shall be selected jointly by the parties, and each party shall select one arbitrator, or shall be nominated by the chairman of the arbitration commission when the parties are unable to select.

The sole arbitrator shall be selected jointly by the parties, or shall be nominated by the chairman of the arbitration commission when the parties are unable to select.

After the arbitration tribunal is constituted, the arbitration commission shall notify the parties of the composition of the arbitration tribunal within two days.

Article 23 The presiding arbitrator shall, after the composing of the arbitration tribunal, call the other arbitrators to check and approve the materials, to understand the facts and plot of the disputes, to study the requests and reasons of the parties, to examine and verify the proofs, and to clear up the focus of the disputes.

When it is considered to be necessary, the arbitration tribunal may ask the parties to supplement proofs within specified periods, or investigate and collect evidences on its own. There should be no less than two investigators for the investigation and collection of evidences.

Article 24 In any of the following circumstances, an arbitrator must withdraw from the arbitration, if he/she:

1. is a party or a close relative of a party or of a party's representative;

2. is related in the case;

3. has some other relationship with a party to the case or with a party's agent which could possibly affect the impartiality of the arbitration;

4. meets a party or his agent in private, accepts an invitation for dinner by a party or his representative or accepts gifts presented by any of them.

Article 25 An arbitrator shall submit vocally or in writing of any above circumstances to the arbitral commission.

The parties shall have the right to apply for withdrawal of an arbitrator, vocally or in writing to the arbitral commission, if the parties consider that the arbitrator is in circumstances of withdrawal.

When applying for the withdrawal of an arbitrator, the petitioning party shall state his reasons and submit a withdrawal application before the first hearing. A withdrawal application may also be submitted before the conclusion of the last hearing if reasons for the withdrawal only became known after the start of the first hearing.

Article 26 The decision of a arbitral commission on an application for withdrawal shall be made orally or in writing within three days after the application was made or the arbitrator was found to be withdrawn for circumstances, and the arbitral commission shall state the reasons.

Whether an arbitrator is withdrawn or not shall be determined by the chairman of the arbitration commission. If chairman is serving as an arbitrator, the withdrawal or not shall be determined collectively by the arbitration commission.

Article 27 A replaced arbitrator shall be selected or appointed in accordance with the provisions of Article 22 in any of the following circumstances:

1. is decided to be withdrawn,

2. is incapable of fulfilling the responsibilities by law or as a matter of fact ,

3. is suspended or dismissed to lose the qualification as an arbitrator,

4. is withdrawn or unable to undertake arbitrations on his own account, and

5. is replaced by the arbitral commission because of irregularities for favoritism or misconduct in office.

After a replaced arbitrator has been selected or appointed, the parties may apply to resume the arbitration procedure. The arbitration tribunal shall determine whether the resumption of the procedure may be allowed.

Article 28 The arbitration tribunal shall provide with interpretations of laws and policies to the parties if necessary, to help the parties to reach a settlement agreement on their own initiative.

If a conciliation agreement has been reached, the parties may apply to the arbitration tribunal for an award based on the conciliation agreement. If the party requests to the withdraw the arbitration application, the arbitration tribunal shall then terminate the arbitration procedures.

Article 29 The arbitration tribunal shall conduct conciliation between the parties on a voluntary basis. When a settlement agreement through conciliation is reached, the people's court shall draw up a conciliation statement.

A conciliation statement shall set forth the background, origin of the disputes, arbitration claims and the results of the agreement between the parties, and shall be signed by the arbitrators, sealed by the arbitration commission, and served on both parties.

A conciliation statement shall have legal effect once signed and accepted by the parties.

Article 30 If conciliation is unsuccessful, or the parties fall back on their words before the conciliation statement is singed and accepted by them, an award shall be made by the arbitration tribunal promptly.

The statements, opinions, views or suggestions of any of the parties shall not be a proof or basis for the award.

Article 31 The arbitration tribunal shall terminate the arbitration procedures before render an award, if the applicant abandons his arbitration claim and withdraws his application for arbitration, and the respondent does not make a counterclaim to the applicant's arbitration claim.

If the applicant for arbitration who has been given a notice in writing does not appear before the tribunal without good reasons, or leaves the tribunal room during a hearing without the permission of the arbitration tribunal, such applicant shall be deemed as having withdrawn his application.

Article 32 If the respondent makes a counterclaim with regard to the applicant's arbitration claim, he/she shall explain the items of the counterclaim as well as the according facts and reasons, and provide the related proofs.

If the respondent makes a counterclaim before the establishment of the arbitration tribunal, the arbitral commission shall decide whether to accept. If the counterclaim is made after the establishment of the arbitration tribunal, the arbitration tribunal shall decide whether to accept.

When the arbitral commission or the arbitration tribunal decides to accept the counterclaim, it shall, within five days after receiving the counterclaim, serve a copy of the counterclaim on applicant. The applicant shall submit the defence within fifteen days after receiving the copy of the counterclaim. Failure by the applicant to file a defence shall not prevent arbitration procedures. The arbitration tribunal shall try the counterclaim by the respondent and the applications by the applicant in combination.

If the arbitration commission or arbitration tribunal considers not to accept the counterclaim, it shall notify the respondent in writing of its rejection, stating its reasons.

Article 33 If the applicant alters the arbitration claim or the respondent alters the counterclaim before the establishment of the arbitration tribunal, the arbitral commission shall decide whether to permit. If the alteration to the claim or to the counterclaim is made after the establishment of the arbitration tribunal, the arbitration tribunal shall decide whether to permit.

Chapter IV Hearing

Article 34 An arbitration tribunal shall hold a tribunal session to hear an arbitrations of rural land contract disputes. The hearing may proceed in public, except those concerning state secrets, business secrets and/or privacy, or if the parties agree not to a public hearing.

The hearing may proceed at the village or town where the lands in dispute is located, or at the place where the arbitral commission is located. If the parties claim the hearing to proceed at the village or town, then the hearing should proceed at the village or town.

Article 35 The arbitration tribunal shall notify the parties, the third-party and other participants in the proceedings five days before the opening of a session about the time and location of the session.

The parties shall request an alteration of the time and location of the session three days before the opening of the session, and shall state the reasons. The arbitration tribunal shall notify the parties, the third-party and other participants in the proceedings about the alterations if it decides to accept the alteration, or notify the party who submitted the alteration request if it decides not to accept the alteration.

Article 36 The date, time and location of a public hearing shall be announced to the public.

A citizen may apply for audition to the arbitration tribunal, and the arbitration tribunal shall inspect the application.

Article 37 If the party against whom the application was made was served with a notice in writing but does not appear before the tribunal without due reasons or leaves the tribunal room during a hearing without the permission of the arbitration tribunal, an award by default may be given.

If the party against whom the application was made claims a counterclaim , and the applicant was served with a notice in writing but does not appear before the tribunal without due reasons or leaves the tribunal room during a hearing without the permission of the arbitration tribunal, an award by default may be given.

Article 38 Before a session is called to order, the arbitration tribunal shall ascertain whether or not the parties, the third-party and other participants in the proceedings are present and check the identities one by one.

The presiding arbitrator shall announce the beginning of the session. The presiding arbitrator or the sole arbitrator shall announce the cause of action, the names of the arbitration tribunal members, the rules of the arbitration tribunal, to inform the parties of their relevant litigation rights and obligations and ask the parties whether or not they wish to apply for the withdrawal of any arbitrator.

Article 39 The arbitration tribunal shall guarantee an equal statement rights to the parties, organize the parties, the third-party and the deputy to state the facts, opinions and reasons.

Article 40 The parties and the third-party shall produce evidence in support of their claims.

If the evidence relative to the disputes is taken by the contractor of any party, this party shall provide the evidence within specified period by the arbitration tribunal, any party failed to provide such evidence shall take the disadvantages.

Article 41 The arbitration tribunal may show the evidence collected on its own to the parties in the session.

Article 42 For specialized matters, an arbitration tribunal may submit for appraisal to an appraisal organ agreed upon by the parties or to the appraisal organ appointed by the arbitration tribunal if it deems such appraisal to be necessary.

Article 43 The parties should apply to the arbitral commission in writing for the evidence to be preserved, and the arbitration commission shall submit the application to the basic-level people's court of the place where the evidence is located within two working days upon reception of the application.

Article 44 The arbitration tribunal shall approve the witness to give testimony in the session upon the requests of the parties or the third-party, and the arbitration tribunal shall inform the rights and obligations of the witness.

The witness shall not audit the trail of the case.

Article 45 Any evidence shall be produced at the start of the hearing, except those concerning state secrets, business secrets and privacy.

The arbitration tribunal shall organize an exchange of the evidence between the parties and the third-party, and they may challenge the validity of such evidence.

If permitted by the arbitration tribunal, the parties and the third-party may challenge the witness, and the witness shall reply according to the facts.

According to the claim of the parties or the request of the arbitration tribunal, the appraisal organ shall appoint an appraiser to participate in the hearing. Upon the permission of the arbitration tribunal, the parties may question the appraiser.

Article 46 The arbitration tribunal shall guarantee an equal right of argument for the parties, and organize arguments on the focus of the disputes.

At the end of the debate, the presiding arbitrator or the sole arbitrator shall ask for the final opinion of the parties and the third-party.

Article 47 If the rights and obligations relationship is clear, the parties may submit an application in writing for partial award to maintain the current status, resume agricultural production and stop destructive conducts like borrowing soil and occupying the land. The arbitration tribunal shall make a decision within two working days after receiving the application.

If a partial award is pronounced, a written partial award shall be fabricated, the partial award applicant shall be noticed of the right to apply to the people's court for execution, and shall provide a guarantee.

The partial award shall state the title of the partial award application, the truth and facts it depends on, the date and results of the award, and be signed by the arbitrator(s), with seal of the arbitral commission affixed to it.

Article 48 An arbitration tribunal shall make a written record of the hearing. The record shall be signed, sealed or fingerprinted by the arbitrator(s), the cursitor, the parties, the third-party and other participants to the arbitration.

If the parties, the third-party or other participants to the arbitration consider that the record has omitted a part of their statement or is incorrect in some other respect, they shall have the right to request correction thereof. If no correction is made, the request for correction shall be noted in the written record.

Article 49 The arbitration procedure shall be suspended in case of any of the following circumstances:

1. one of the parties dies and it is necessary to wait for the heir or heiress to make clear whether to participate or not in the arbitration;

2. one of the parties has lost the capacity to engage in litigation and his agent ad item has not been designated yet;

3. the legal person or any other organization as one of the parties has dissolved, and the successor to its rights and obligations has not been determined yet;

4. one of the parties is unable to participate in the arbitration for reasons of force majeure;

5. the adjudication of the case pending is dependent on the results of the trial of another case that has not yet been concluded; and

6. other circumstances that warrant the suspension of the arbitration procedures.

If the matter of arbitration suspension happens before the establishment of the arbitration tribunal, the arbitral commission shall decide whether to suspend the arbitration. If the matter of arbitration suspension happens after the establishment of the arbitration tribunal, the arbitration tribunal shall decide whether to suspend the arbitration. If the arbitration procedure is suspended, it shall be noticed to the parties in writing.

The arbitral commission or the arbitration tribunal shall make a decision to resume the arbitration procedures within three working days as the matter of arbitration suspension disappears, and notice the partied and the third-party.

Article 50 The arbitration procedures shall be terminated in any of the following conditions:

1. the applicant dies or terminates, there is no successor and party that succeeds to its rights and obligations, or the party waives the right to litigate,

2. the respondent dies or dissolves, there is no property to be executed and no party ought to succeeds its obligations,

3. other circumstances that warrant the termination of the arbitration procedures.

The arbitral commission shall notice the parties and the third-party in writing within five working days after discovering the circumstances, and states the reasons.

Chapter V Awarding and Serving

Article 51 The arbitration tribunal shall render an award in accordance with the recognized facts and laws, as well as the public policies, and prepare the award.

The presiding arbitrator shall organize the arbitration tribunal to appraise the case, and an award shall be based on the opinion of the majority arbitrators. The opinion of the minority arbitrators shall be recorded in writing. If an opinion of the minority arbitrators shall be recorded in writing.

If an opinion of the majority arbitrators cannot be constituted at the tribunal, the award shall be given according to the opinion of the presiding arbitrator.

Article 52 The arbitration claims, the matters in dispute, the grounds upon which an award is given, the results of the judgment, the date of the award, and the right the parties can prosecute in case of dissatisfying with the arbitration award and its valid period, shall be set forth in the award. shall be set forth in the award.

The award shall be signed by the arbitrators and sealed by the arbitration commission.

Article 53 The arbitration tribunal is responsible to correct any typographical errors, calculation errors or matters which had been awarded but omitted in the award, and the correction becomes a part of the arbitral award.

Article 54 The arbitration tribunal shall make the arbitration award within sixty days after accepting the application for arbitration. The date of the acceptance is based on the date recorded on the notice of acceptance.

The period shall be extended, with approval of the chairman of the arbitration commission, in case of complexity, but the extension shall not exceed thirty days.

If the period is extended, it shall be noticed in written to the parties and the third-party within three days after the extension decision is made.

The periods during the arbitration procedures suspension, evaluation, composition before the opening, complement of the documents, and complement of the award shall not be included in the extension.

Article 55 The award shall be served on the parties and the third-party within three working days after the award is made.

The following conditions shall be noticed to the parties and the third-party with direct service:

1. The parties, if dissatisfied with the decision, may apply to a people's court within thirty days after receiving the award. If he fails to bring the action within the period, the award then has legal effect.

2. If one party fails to execute the award, the other party may apply to the basic-level people's court of the place where the respondent's residence is located.

Article 56 The arbitration documents shall be served directly on the parties or deputies. If the person on whom the document was served is a natural person, and when he/she is of no presence, the award shall be signed by his/her adult family living with him/her. If the person on whom the document was served is a legal person or other organization, the award shall be signed by the legal representative of the legal person, the person in charge of the organization, or the person in charge of the reception for the legal person or the organization.

It shall bear the date of receipt noted by the signature, seal or fingerprint of the person on whom the document was served. The date signed on the receipt shall be the date of service.

If the person on whom the litigation documents are to be served or the adult family member living with him refuses to receive the documents, the person serving the documents shall ask representatives from the relevant grass-roots organization or the unit to which the person on whom the documents are to be served belongs to appear on the scene, explain the situation to them, and record on the receipt the reasons of the refusal and the date of it. After the person serving the documents and the witnesses have affixed their signatures or seals to the receipt, the documents shall be left at the place where the person on whom they are to be served lives and the service shall be deemed completed.

If direct service proves to be difficult, service of litigation documents may be done by mail. If the documents are served by mail, the date stated on the receipt for postal delivery shall be deemed the date of service of the documents.

If the whereabouts of the person on whom the litigation documents are to be served is unknown, or if the documents cannot be served by the other methods specified in this Section, the documents shall be served by public announcement. Sixty days after the public announcement is made, the documents shall be deemed to have been served.

Chapter VI Supplementary Provisions

Article 57 The summary procedure could be employed in solo arbitration. The rules of summary procedure shall be established in accordance with this Rule by the arbitral commission.

Article 58 Time periods shall include those prescribed by the law and those designated by an arbitration tribunal.

Time periods shall be calculated by the day, the month and the year, and the day from which a time period begins shall not be counted as within the time period.

If the expiration date of a time period falls on a holiday, then the day immediately following the holiday shall be regarded as the expiration date.

Article 59 The arbitral commission shall provide translations for any participant in the proceedings who is not familiar with the spoken or written languages commonly used by the local nationalities.

Article 60 The format of the arbitration documents is prepared by the Ministry of Agriculture jointly with the State Forestry Administration.

Article 61 No payment is needed for arbitrations of rural land contract disputes. The cost of the arbitrations is under the fiscal budget in accordance with laws.

The parties shall bear the costs for deputy commitment or application of evaluations.

Article 62This Rule shall be effective as of January 1, 2010.