Article 1 This Law is formulated with a view to ensuring the fundamental
position of agriculture in the national economy， developing the socialist market
economy in rural areas， safeguarding the lawful rights and interests of
agricultural production and operation organizations and agricultural labourers，
and promoting the continuous， steady and coordinated growth of agriculture.
Article 2 The State adheres to the guiding principle of taking agriculture as
the foundation in developing the national economy.
The State shall adopt measures to ensure the steady development of agriculture.
The main object in developing agriculture is to actively develop the socialist
market economy in rural areas， further emancipate and develop the rural
productive forces， develop and utilize the rural labour force， land and various
resources， increase effective supplies of agricultural products， and satisfy the
demands of the people's life and the development of social economy； and on the
basis of the development of production， to increase the income of agricultural
labourers， raise their living standards， build a new countryside of common
prosperity and civilization and gradually realize agricultural modernization.
“Agriculture” as mentioned in this Law means crop-plantation， forestry， animal
husbandry and fishery.
“Agricultural production and operation organizations” mentioned in this Law mean
agricultural economic collectives， State-owned agricultural enterprises or other
Article 3 Land in rural and suburban areas is owned by collectives except for
those portions belonging to the State， that is， to the whole people， as
stipulated by relevant laws.
Forests， mountains， grasslands， unreclaimed lands， beaches， waters and other
natural resources are owned by the State， with the exception of the forests，
mountains， grasslands， unreclaimed lands and beaches that are owned by
collectives in accordance with the law.
Article 4 The right to the use of State-owned lands or collective-owned lands
may be transferred according to law. No organization or individual may
appropriate， buy， sell or otherwise engage in the transfer of land by unlawful
People's governments at various levels must value and make a rational use of
land， and earnestly protect cultivated land. Acts of unlawful appropriation of
cultivated land or misuse of land shall be prohibited.
Article 5 In rural areas， socialist economy under public ownership shall be
taken as the main sector， and meanwhile diversified economic sectors shall be
developed jointly so as to prosper rural economy.
Article 6 The State shall stabilize the rural responsibility systems， the main
form of which is the household output-related system of contracted
responsibility， perfect the two-level operation system of the household contract
responsibility system supplemented by unified management， develop socialized
service systems， expand actual strength of collective economy， and lead peasants
to the road of common prosperity.
Article 7 The State shall vitalize agriculture by relying on the progress of
science and technology and on the development of education.
Article 8 The State shall develop water conservancy undertakings and industries
of means of agricultural production so as to ensure the material supplies for
the steady growth of agricultural production.
Article 9 The State shall award the units or individuals that have made
remarkable achievements in the development of agriculture.
Article 10 People's governments at various levels must attach great importance
to the agricultural work， assume the responsibility of organizing in a unified
way all the relevant departments and the whole society to support agriculture，
and well perform all the work related to the development of agriculture and
serving the development of agriculture.
The departments in charge of agriculture under the State Council shall， in
accordance with their respective functions and duties， be responsible for the
nation-wide agricultural work. Other relevant departments under the State
Council shall， within the scope of their respective functions and duties， be
responsible for the relevant nation-wide work in the service of agricultural
production and operation.
The departments in charge of agriculture under local people's governments at or
above the county level shall， in accordance with their respective functions and
duties， be responsible for the relevant agricultural work in their
administrative areas. Other relevant departments under local people's
governments at or above the county level shall， within the scope of their
respective functions and duties， be responsible for the relevant work in the
service of agricultural production and operation.
CHAPTER II SYSTEM OF AGRICULTURAL PRODUCTION AND OPERATION
Article 11 Collective-owned land shall be owned collectively by the peasants of
the village according to law， and shall be operated and managed by agricultural
economic collectives of the village or by the villagers committee. Land that has
already been under the ownership of peasant economic collectives of a township
（or town） may be owned collectively by the peasants of the township （or town）。
If land collectively owned by the peasants of a village has been respectively
under the ownership of two or more agricultural economic collectives in the
village， such land may be collectively owned by the peasants of the respective
agricultural economic collectives.
Article 12 Lands， mountains， grasslands， unreclaimed lands， beaches and water
surfaces owned by collectives or the State and exploited by agricultural
economic collectives， may be contracted to individuals or collectives for
State-owned or collective-owned waste hills or unreclaimed lands suitable for
afforestation may be contracted to individuals or collectives for afforestation.
The right of individuals or collectives to undertake operation by contract shall
be protected by law.
The party awarding contract and the contractor shall conclude an agricultural
contract to define the rights and duties of both parties.
Article 13 Contractors shall， except as otherwise agreed upon in agricultural
contracts， enjoy the decision-making power in production and operation， the
right of disposition of their products and the right of remuneration， and at the
same time must fulfil the duties agreed on in the contracts.
In cases a contractor contracts for afforestation of waste hills and unreclaimed
lands suitable for afforestation， provisions of the Forestry Law shall be
With consent of the party awarding the contract， the contractor may， within the
period of the contract， sub-contract the lands， mountains， grasslands，
unreclaimed lands， beaches and water surfaces he has contracted for， and may
also transfer the rights and duties agreed upon in the agricultural contract to
a third party.
At the expiration of a contract， the contractor shall enjoy priority in further
contracting for the lands， mountains， grasslands， unreclaimed lands， beaches and
water surfaces for which he originally contracted.
In case a contractor deceases during the term of a contract， the successor of
the deceased contractor may continue the contract.
Article 14 Agricultural economic collectives or villagers committees shall
provide production services to individuals or collectives that have contracted
for the lands， mountains， grasslands， unreclaimed lands， beaches or water
Article 15 The State shall encourage individuals or collectives to contract to
develop and rehabilitate waste hills， unreclaimed lands or waste beaches， and
shall protect the contractors' lawful rights and interests.
Article 16 Peasants shall pay taxes in accordance with the law， and pay the
expenses retained for the village's collective undertakings and fees for unified
management of township public undertakings according to law， and shall afford
compulsory labours and accumulated labours for the public undertakings in rural
areas according to law.
Article 17 The State shall protect the lawful properties of peasants or
agricultural production and operation organizations from violation.
Article 18 Any collection of fees from peasants or agricultural production and
operation organizations by State organs for handling official business must be
based on laws or regulations or decisions made by the competent departments
empowered by the State Council， or the provisions of rules formulated by the
people's governments at the provincial level， and such rules must be reported to
the State Council for the record.
The scopes and standards of such fees shall be made public and necessary
inspections and checks shall be carried out in light of the circumstances.
Peasants or agricultural production and operation organizations shall have the
right to refuse to pay fees collected by State organs for handling official
business without the basis of laws or regulations or decisions made by the
competent departments empowered by the State Council or the provisions of rules
formulated by the people's governments at the provincial level.
Any imposition of fines upon peasants or agricultural production and operation
organizations by State organs must be based on the provisions of laws or
Any exaction of manpower， financial resources or materials from peasants or
agricultural production and operation organizations shall be categorized as
apportionment， except as otherwise provided in laws or regulations. And peasants
or agricultural production and operation organizations shall have the right to
refuse apportionment in any form.
Article 19 Raising funds from peasants or agricultural production and operation
organizations must be carried out on voluntary basis， and no compulsory
fund-raising shall be practised.
Peasants or agricultural production and operation organizations shall have the
right to refuse any compulsory fund-raising demanded by any State organs or
Article 20 The State shall encourage agricultural economic collectives or other
relevant organizations to develop various forms of socialized service
undertakings before， during or after agricultural production.
Departments in fields such as finance， banking， science and technology， and
material resources shall provide support to socialized service undertakings of
Article 21 The State shall take measures in the aspects of finance， means of
agricultural production， technology and market information to assist
agricultural production and operation organizations or agricultural labourers in
developing agricultural production.
Article 22 The State shall guide agricultural production and operation
organizations or agricultural labourers to adjust the structure of agricultural
production according to market demands， ensure steady growth of cotton and grain
production， achieve all-round development of crop-plantation， forestry， animal
husbandry and fishery， and develop an agriculture with high yield， good quality
and high benefits.
The State shall establish production bases of commodity grain and commodity
cotton in a planned way.
Article 23 People's governments at various levels shall map out plans for
comprehensive development of agriculture to develop agriculture in width and
depth and organize the implementation thereof.
Article 24 People's governments at various levels and agricultural economic
collectives shall take measures to develop township and town enterprises and
tertiary industries so as to support the development of agriculture， and to
transfer surplus agricultural labour force.
Article 25 People's governments at various levels and agricultural production
and operation organizations shall map out plans and take measures to organize
the construction of irrigation and water conservancy works and shelter forests
so as to ensure the steady expansion of farmland with stable yields despite of
drought or waterlogging.
Article 26 People's governments at various levels and agricultural production
and operation organizations shall establish and perfect the management system of
irrigation and water conservancy works， develop water-saving irrigation
facilities， strictly control the appropriation of water resources for irrigation
by non-agricultural construction projects and forbid any organizations or
individuals to unlawfully appropriate or destruct irrigation and water
Article 27 The State shall encourage and support agricultural production and
operation organizations or agricultural labourers to apply advanced and suitable
agricultural machinery for the purpose of raising the level of agricultural
Article 28 The State shall encourage and support the processing and
comprehensive development and utilization of grains， increase the added value of
grains and improve the nutritive structure of people's food.
Article 29 People's governments at various levels shall take measures to improve
the abilities of battling against natural calamities in agriculture， do a good
job in preventing and fighting disasters and relieving the victims thereof，
assist the victims to resume their production and carry out mutual assistances
and mutual relieves in the society； as to victims who can hardly secure their
daily life， the people's governments at various levels shall organize them to
provide for and help themselves by engaging in production， and shall extend
relieves and assistances to them.
The State shall give aids to poverty-stricken areas， help them to conduct
economic exploitation and improve their conditions of economic development.
Article 30 People's governments at various levels shall support the development
of meteorological undertakings in the service of agriculture and enhance the
abilities of forecasting meteorological calamities.
Article 31 The State shall encourage and assist the development of insurance
undertakings for agriculture.
The principle of voluntariness shall be practised in agricultural insurance. No
organization or individual may force any agricultural labourer or agricultural
production and operation organization to take out agricultural insurance.
Article 32 The State shall practise a system of animal and plant epidemic
prevention and quarantine. All organizations or individuals must abide by the
laws and administrative rules and regulations on animal and plant epidemic
prevention and quarantine.
Article 33 The State shall take measures of macro-regulation and control to
maintain a reasonable price ratio between agricultural products and the
principal means of agricultural production such as chemical fertilizers，
pesticides， agricultural plastic films， agricultural machinery and diesel oil
for agricultural use.
Article 34 People's governments at various levels and agricultural production
and operation organizations shall establish and improve the safe-use system of
agricultural means of production such as pesticides， veterinary drugs and
agricultural machinery which may endanger the safety of persons or livestock，
and shall educate agricultural labourers to ensure safety in production.
Any producer or seller of pesticides， veterinary drugs， chemical fertilizers，
seeds， agricultural machinery， agricultural plastic films and other agricultural
means of production shall be responsible for the qualities of the products he
produces or sells. Any act of passing defective products off as high-quality
ones， or passing fake products off as genuine ones， or passing substandard ones
off as standard ones， shall be prohibited.
The production of such agricultural means of production as pesticides，
veterinary drugs and agricultural machinery， which the State has publicly
ordered to be obsolete， shall be forbidden.
第四章 农产品流通CHAPTER IV CIRCULATION OF AGRICULTURAL PRODUCTS
Article 35 Market regulation shall be gradually practised in the purchasing or
selling of agricultural products， and the State shall carry out necessary
macro-regulation and control in the purchasing or selling activities of major
agricultural products relating to the national economy and the people's
The State Council or the people's governments of provinces， autonomous regions
or municipalities directly under the Central Government empowered by the State
Council may entrust relevant management organizations with the purchase of the
major agricultural products relating to the national economy and the people's
The variety and quantity of agricultural products， the purchase of which is so
entrusted， shall be prescribed by the State Council or by the people's
governments of provinces， autonomous regions or municipalities directly under
the Central Government empowered by the State Council.
The State Council may， when necessary， set the entrustment purchase prices of
the specially designated agricultural products.
Article 36 The State shall practise the protective purchasing price system and
establish risk fund for the major agricultural products such as grains relating
to the national economy and the people's livelihood.
The State shall practise a central and local multi-leveled storage and
regulation system for the major agricultural products such as grains relating to
the national economy and the people's livelihood， and set up reserve funds，
establish and perfect the storage and transportation system so as to guarantee
the supply and stabilize the market.
Article 37 The State-owned commercial organizations and the collective
commercial organizations such as supply and marketing co-operatives shall
strengthen the construction of storage facilities， provide market information，
improve the purchasing work， play a role of main channel， and offer service to
peasants in their selling of agricultural products.
The State shall encourage and guide peasants to engage in various forms of
circulation activities of agricultural products. Agricultural production and
operation organizations and agricultural labourers may， in accordance with the
relevant provisions of the State， engage in activities of purchasing，
processing， wholesaling， trafficking and retailing of agricultural products.
Article 38 The State shall encourage and support enterprises， institutions and
individuals to engage in transregional or inter-trade joint operational
activities in producing， processing or selling of agricultural products
according to law.
Article 39 The State shall support the establishment and development of rural
fairs and wholesale markets for agricultural products.
Wholesale markets for agricultural products shall have transaction regulations.
No administrator of wholesale market for agricultural products may participate
in the transactions of the wholesale market for agricultural products.
Article 40 Agricultural production and operation organizations and other
economic organizations properly qualified may acquire the managerial power of
foreign trade with approval granted in accordance with the regulations of the
State Council， and engage in import and export trade of agricultural products.
Article 41 People's governments at or above the county level shall organize the
relevant departments and units such as those of finance， banking， grain， supply
and marketing to raise in time enough funds for purchasing agricultural
products. No unit or individual may intercept or misappropriate such funds.
Units purchasing agricultural products must， at the time of purchasing， pay off
the money to the agricultural production and operation organizations or peasants
who sell their agricultural products.
No units purchasing agricultural products may， at the time of purchasing， beat
down the grade or price of agricultural products or deduct any costs from the
Any withholding of taxes to be made under laws or administrative rules and
regulations shall be handled in accordance with the provisions of relevant laws
or administrative rules and regulations.
Article 42 The State shall gradually increase the overall input to agriculture.
The growing rate of the annual overall input to agriculture by the national
finance shall be higher than that of regular national revenue.
The State shall take measures to promote the further exploitation of foreign
capitals in agriculture.
Article 43 People's governments at or above the county level shall， in
accordance with the relevant provisions of the State， establish special
agricultural funds for agricultural development， forest cultivation and
construction of special projects such as water conservancy facilities.
Article 44 The State shall， by such means as taxation， price， credit and loan，
encourage and guide the agricultural production and operation organizations and
agricultural labourers to increase their input to agriculture.
The State shall encourage and support agricultural production and operation
organizations and agricultural labourers to raise agricultural funds on
voluntary basis and by various ways.
Article 45 The input to agriculture by the State shall be used in the following
infrastructure and engineering projects：
key projects for harnessing big rivers and lakes， large-scale water conservancy
projects for flood and waterlogging control， diversion and irrigation， major
infrastructure facilities for agricultural production and circulation of
agricultural products， production bases of commodity grain， commodity cotton and
timber forest， projects for shelter-forest， and fundamental facilities for
agricultural education， agricultural scientific research， popularization of
technology and meteorology.
Agricultural production and operation organizations and agricultural labourers
shall put in fund and labour accumulation in input to agricultural production
and capital construction such as irrigation and water conservancy works， and the
State shall grant support thereto.
Article 46 The State shall， by such means as taxation， credit and loan，
encourage and support the development of industries of means of agricultural
production， and make efforts to meet the needs of agricultural production for
means of agricultural production such as chemical fertilizers， pesticides，
veterinary drugs， agricultural plastic films and agricultural machinery.
Article 47 People's governments at various levels shall strengthen their control
over the application of the agricultural funds of the State and guide the
agricultural economic collectives to make a rational use of their collective
No unit shall intercept or misappropriate the funds for agriculture allocated by
people's governments at various levels or agricultural loans by banks.
第六章 农业科技与农业教育CHAPTER VI AGRICULTURAL SCIENCE AND TECHNOLOGY， AND AGRICULTURAL
Article 48 People's governments at various levels shall steadily increase the
expenditure on agricultural science and technology and on agricultural education
to promote agricultural science and technology as well as agricultural education
The State shall encourage economic collectives， State-owned enterprises and
institutions， and other social forces to engage in agricultural science and
technology as well as agricultural education undertakings.
The relevant departments under the State Council shall make overall planning for
the basic research， applied research and high technology research of
agricultural science and technology， organize joint tackling of major projects，
and promote the international co-operation and exchanges of agricultural science
Article 49 The State shall implement compulsory education in the countryside，
develop professional education of agriculture and enhance the cultural and
technical qualifications of agricultural labourers.
Article 50 The State shall support the popularization of agricultural techniques
to promote the prompt application of advanced agricultural techniques to
Setups for popularizing agricultural techniques shall coordinate with units of
agricultural scientific research and education to popularize advanced
Article 51 The State shall afford preferential treatments in respect of
taxation， credit and loan to enterprises initiated for the service of
agriculture by setups for popularizing agricultural techniques， units of
agricultural scientific research and relevant schools.
Article 52 People's governments at various levels shall take measures to
reinforce and strengthen the contingent of agricultural science and technology，
education and popularization of agricultural techniques，
safeguard and improve the working and living conditions and better the treatment
of the professional scientific and technological personnel engaged in the work
of popularizing agricultural techniques and shall， in accordance with the
provisions of the State， give subsidies to such personnel and encourage them to
contribute their services to agriculture.
Article 53 The State shall encourage peasants to apply the advanced agricultural
techniques and support them to form various kinds of scientific and
第七章 农业资源与农业环境保护CHAPTER VII AGRICULTURAL RESOURCES AND AGRICULTURAL ENVIRONMENTAL
Article 54 In the development of agriculture， resources must be utilized in a
rational way and the ecological environment must be protected and improved.
People's governments at various levels shall draw up plans for regionalization
of agricultural resources， programmes for agricultural environmental protection
and plans for the development of rural energy， and organize the rehabilitation
of the agricultural ecological environment.
Article 55 People's governments at or above the county level shall delimit
protection areas of basic farmlands， and carry out special protection for the
cultivated lands within the protection areas of basic farmlands. The specific
measures therefor shall be stipulated by the State Council.
People's governments at or above the county level shall take measures to
strengthen the development and rehabilitation of barren hills， unreclaimed lands
and desolated beaches.
Agricultural production and operation organizations and agricultural labourers
shall keep good maintenance of their lands， make a rational use of chemical
fertilizers and pesticides， increase their application of organic fertilizers so
as to improve soil fertility and prevent the land from pollution， destruction
and soil fertility declination.
Article 56 The State shall， in the work of water and soil conservation，
implement the policy of prevention first， overall planning， comprehensive
prevention and control， adoption of measures suited to local conditions，
strengthening management and laying stress on beneficial results.
People's governments at various levels shall take measures to strengthen the
rehabilitation of small river basins， control hazards of sand storms， prevent
and control soil erosion and desertification.
Destroying forest or burning vegetation for land reclamation， or building dykes
to reclaim land from a lake or reclaiming slopes banned by the State shall be
Article 57 The State shall implement the system of compulsory tree- planting in
the whole nation.
People's governments at various levels shall take measures to organize the
masses to plant trees， protect forests and prevent fires， control plant diseases
and insect pests in the forests， protect forest lands， checked up denudation and
illegal felling of trees， and increase the forest coverage.
Article 58 The State shall protect and make a rational use of the natural
resources such as water， forest， grassland， wild animals and plants， and protect
them from pollution or destruction.
Article 59 Anyone who， in violation of the provisions of Article 18 or Article
19 of this Law， collects fees from， or imposes fines upon， or apportions costs
among， or compulsorily raises funds from peasants or agricultural production and
operation organizations shall be checked up and made public by the organs at
whoever has collected money or has used labour force or material resources shall
be ordered by the organs at higher levels to return the money so collected or to
pay compensation at the market price of the labour force or material resources
so used within a time limit.
If the circumstances are serious， persons held directly responsible shall be
given administrative sanctions by the organs at higher levels or the units they
Article 60 Any unit which， in violation of the provisions of paragraph 1 of
Article 41 or paragraph 2 of Article 47 of this Law， intercepts the funds for
purchasing agricultural products and misappropriates the funds to any use other
than purchasing agricultural products， or intercepts the funds allocated for
agriculture by people's governments at various levels and misappropriates such
funds to any use other than agricultural expenditure， or intercepts the
agricultural loans granted by banks and misappropriates such loans to any
non-agricultural use， shall be ordered by organs at higher levels to return the
funds intercepted or misappropriated within a time limit. And if the
circumstances are serious， persons held directly responsible shall be given
administrative sanctions by the organs at higher levels or the units they belong
Article 61 Anyone who， in violation of the provisions of Article 4 of this Law，
buys or sells or illegally transfers land in any other way， or illegally
occupies land， shall be investigated for legal liability in accordance with the
provisions of the Land Administration Law.
Article 62 Anyone who， in violation of the provisions of paragraph 2 of Article
34 of this Law， produces fake pesticides， fake veterinary drugs or fake chemical
fertilizers， or sells pesticides， veterinary drugs， chemical fertilizers and
seeds while clearly knowing such products to be fake or no longer effective， or
any producer or seller who passes substandard pesticides， veterinary drugs，
chemical fertilizers or seeds off as the ones up to the standard， shall be
ordered to stop the production or selling. The products illegally produced or
sold， and the unlawful earnings shall be confiscated， and a fine of not less
than one time the value of the unlawful earnings but not more than five times of
it shall be imposed upon， and the business licences may be revoked. And if the
offence constitutes a crime， the offender shall be investigated for criminal
responsibilities according to law.
The administrative sanctions and penalties stipulated in the preceding paragraph
shall be decided by the organs provided by laws or administrative rules and
Article 63 Anyone who， in violation of the provisions of this Law， infringes
upon the lawful rights and interests of agricultural production and operation
organizations or agricultural labourers， and thus causes any loss or damage to
them， shall bear the liability for civil compensation according to law.
Article 64 In case a person violates any provision of this Law， and thus shall
be subjected to administrative sanctions according to law， the provisions of
relevant laws and regulations shall be applied except as otherwise provided for
in this Law.
Article 65 Anyone who violates the provisions of this Law， and thus shall be
investigated for criminal responsibilities according to Law， shall be
investigated for criminal responsibilities in accordance with the provisions of
the relevant laws.