(Issued on April 15, 2015 in accordance with Decree No. 119 of the People's Government of Guangzhou Municipality and put into effect on June 1, 2015)

　　Chapter I      General Provisions

　　Article 1These Measures are formulated in accordance with the Law of the People’s Republic of China on Organization of Villager Committees, the Regulations of Guangdong Province on Administration of Rural Collective Assets, the Rules of Guangdong Province for Administration of Rural Collective Economic Organizations and other relevant laws and regulations, on the basis of the actual conditions of the Municipality and with a view to regulating the rural collective assets transaction activities in the Municipality, ensuring the openness, fairness and impartiality of transaction processes, strengthening the construction of clean and honest administration at rural grassroots, protecting the legal rights and interests of members of rural collective economic organizations and promoting the development of rural economy.

　　Article 2 The term “rural collective economic organizations” herein (hereinafter referred to as “rural collectives”) refers to the cooperative economic organizations formed through reform, transformation or restructuring of former people’s communes, production brigades or production teams, including economic unions, economic cooperatives, joint-stock cooperative economic unions, joint-stock cooperative economies and the economic entities they belong to.

　　The term “rural collective assets transaction” herein refers to such transaction activities as contracting out or for, leasing, granting, transferring and using rural collective assets for conversion into shares or joint construction.

　　Article 3 These Measures are applicable to the transactions in assets of rural collectives within the administrative area of the Municipality, as well as relevant administrative activities.

　　Article 4 The term “rural collective assets” herein includes:

　　(1)The tradable land management right to any arable land, wasteland, hilly land, forest land, grassland, water surface or tidal flat and the right to use the land for collective development, such as the land for economic development, the land for public facilities and the house sites, which belong to rural collectives as provided for by laws;

　　(2)The forests and woods owned by rural collectives;

　　(3)The buildings and structures constructed with the capital and labor input by rural collectives or otherwise acquired by rural collectives through collaboration, and the transport vehicles, machinery, electrical equipment, farm irrigation facilities and educational, cultural, health, sports and other facilities purchased by rural collectives;

　　(4)Negotiable securities and creditor’s rights owned by rural collectives;

　　(5)The share of rural collectives in the assets formed with the actual contributions made by rural collectives and enterprises or other organizations/individuals as agreed;

　　(6)The assets allocated by the State without charge to and accepted by rural collectives, or financed or donated by other economic organizations, social organizations and individuals to and accepted by rural collectives;

　　(7)The trademark rights, patent rights, copyrights and other intangible assets owned by rural collectives;

　　(8)The right to manage rural collective enterprises; and

　　(9)Other assets owned or managed by rural collectives according to law.

　　The public welfare facilities constructed with State funds but actually managed and used by rural collectives shall not be deemed rural collective assets listed in the previous paragraph, and shall not be traded.

　　Rural collectives shall liquidate assets and create an account book of collective assets, and make an annual inventory.

　　Article 5 Rural collective assets transactions shall be done legally on the basis of democratic decision-making, equality, compensation of equal value, honesty, creditworthiness, openness, fairness and impartiality, and shall not infringe upon the legal rights or interests of the collective or others.

　　Chapter II  Working Mechanism and Responsibilities

　　Article 6 The municipal agricultural authority is responsible for planning on an overall basis, coordinating and directing the administration of rural collective assets transactions throughout the Municipality, and organizing the implementation of these Measures.

　　Each district people’s government is responsible for directing, supervising and administering the rural collective assets transactions within the area under its jurisdiction, and setting up a rural collective assets transaction service agency and a rural collective assets information management platform.

　　Each town people’s government or sub-district office is responsible for assisting the district people’s government concerned and its relevant departments in carrying out supervision and administration on rural collective assets transactions, directing rural collectives within the area under its jurisdiction to liquidate, establish an account book of and make an inventory of assets, and arranging for rural collective assets to enter the transaction service agency for trading.

　　Article 7 An agency designated by the district agricultural authority, by the district people’s government, by the town/subdistrict agricultural authority, by the town people’s government or by the sub-district office is the regulatory agency in charge of the administration of rural collective assets transactions within the area under its jurisdiction, and shall perform the following duties:

　　(1)To supervise the entry by rural collectives of details of collective assets transactions into the rural collective assets information management platform, and supervise the use of the rural collective assets information management platform;

　　(2)To direct rural collectives to make a request for trading;

　　(3)To supervise the progress of transactions and the signature of and amendment to contracts;

　　(4)To supervise and prompt the transaction requests prior to the expiry of contracts;

　　(5)To supervise the disclosure of rural collective assets transaction information; and

　　(6)To investigate and deal with relevant complaints during the transaction process.

　　Article 8 A district people’s government may set up a unified rural collective assets transaction service agency for the area under its jurisdiction, or set up rural collective assets transaction service agencies based on the actual hierarchy or fragmentation of the area under its jurisdiction. Each transaction service agency is a special service platform for rural collective assets transactions, and shall perform the following duties:

　　(1)To provide a venue for rural collective assets transactions;

　　(2)To disclose rural collective assets transaction information in a unified way;

　　(3)To be consulted by and accept applications from prospective bidders, and examine the qualifications of prospective bidders;

　　(4)To arrange for trading as required;

　　(5)To direct the conclusion of transactions;

　　(6)To keep and manage rural collective assets transaction documents and transaction activity records and other data and archives;

　　(7)To archive rural collective assets transaction contracts for record; and

　　(8)To record the creditworthiness of transaction participants.

　　Transaction service agencies do not assume legal liabilities for any risks such as defects in the quality of or the legality of ownership of rural collective assets entering such agencies for transaction and breaches of contracts.

　　Article 9 Each district people’s governments shall, based on the local conditions, make sure that each district or town (or sub-district) transaction service agency has a fixed place available, and have full-time workers, with the funds for its operation being included into the fiscal budgets at the corresponding level. The district people’s government may set up an Internet transaction platform based on actual needs.

　　The rural collective transaction service agency of a village (or union) is composed of members from the villager (or union) committee (or board of directors), the democratic financial management and supervision group (or board of supervisors), and/or the village affairs supervisory committee, and practices a village (or union) head (or board chairman) responsibility system.

　　Article 10Each rural collective shall disclose information on collective assets transactions by reference to relevant provisions of the Regulations of Guangdong Province on Disclosure of Village Affairs, establish an account book of collective assets and economic contracts, enter accounts of collective assets transactions and relevant economic contracts and details of revenues and expenditures into the rural collective assets information management platform, and carry out dynamic management of collective assets.

　　Chapter III      Transaction Modes

　　Article 11Rural collective assets shall enter the transaction service agency in the place where the rural collective economic organization is located for trading. The specific standards for collective assets entering the district, town (sub-district) or village (or union) transaction service agency for trading in terms of the amount, area and period shall be determined by the district people’s governments in its own discretion, and it is strictly prohibited to reduce collective assets to a lower level for trading by segmenting the collective assets for project initiation or by breaking up the whole into parts.

　　The grant or lease by a rural collective of the right to use the land for construction or any other material assets transaction shall be carried out through a district-level transaction service agency in the place where the land is located or through Guangzhou Public Resources Transaction Center.

　　Article 12Rural collective assets shall be traded by way of competitive bidding.

　　Where a project involves any of the following circumstances, competitive bidding may be waived:

　　(1)A project for developing any kindergarten, bead house, community cleaning service or other public welfare undertakings;

　　(2)A project for construction of any subway or other government-invested public facilities having an economic relationship with rural collectives;

　　(3)A project in which the transaction by way of competitive bidding fails for two consecutive times because nobody has made a request; or

　　(4)A project constructed collaboratively and/or with conversion into shares of collective assets other than the right to use the land for collective construction.

　　Where competitive bidding is waived, the rural collective shall make an application, which shall be reviewed by the town (or sub-district) transaction authority and shall be filed with the district agricultural authority for record with the approval by the town people’s government or sub-district office concerned; if adopted by voting at a general meeting of or a congress of commune members, consultations and negotiations or other methods may be adopted.

　　Article 13A rural collective assets transaction, if carried out by competitive voting, shall comply with the following closing rules:

　　(1)Where there is only one bidder, the transaction price shall not be lower than the reserve price;

　　(2)Where there are two or more bidders, the transaction shall be concluded with the higher or highest bidder. Where for any special reason, the transaction shall be concluded with a bidder other than the higher or highest bidder, the district people’s government shall identify applicable circumstances on the basis of the actual conditions of the district;

　　(3)Where the prices and conditions are the same, priority shall be given to concluding the transaction with any member of the rural collective economic organization, original lessee or other bidder with a statutory or agreed preferential right. Where there exist two preferential rights simultaneously, the statutory preferential right shall be given priority; where the order of preferential rights cannot be determined, the winning bidder shall be identified by way of drawing lots on site.

　　Chapter IV Transaction Procedures

　　Article 14Prior to the open transaction in rural collective assets, the rural collective shall declare the intention of transaction to the town (or sub-district) transaction authority. The transaction authority shall provide guidelines in accordance with regional industry development plans and environmental protection requirements, taking into consideration the sector, category and features of the project involving the transaction intention.

　　Article 15The rural collective shall prepare a transaction plan after the completion of the registration of the transaction intention, and take a vote on the transaction plan according to the hierarchical democratic decision-making system. The transaction plan shall include the following information:

　　(1)Details of assets;

　　(2)Transaction methods and eligibility conditions for bidders;

　　(3)Reserve prices and range of progressive increase;

　　(4)Amount of transaction deposit;

　　(5)Contract term and amount of performance bond; and

　　(6)Liability for breach.

　　The rural collective may propose a reserve price on the basis of market prices; provided, however, that the reserve price shall be determined on the basis of the results of assets evaluation, if assets evaluation is required by laws and regulations.

　　Article 16The rural collective shall, within 180 days from the date of adoption by way of democratic voting, submit the following documents to the town (or sub-district) transaction authority; if failing to submit them within the 180-day period, the rural collective must take a democratic vote anew:

　　(1)A transaction plan adopted by democratic voting, a list of all members of the rural collective, a list of, signature forms and number of votes of members participating in voting;

　　(2)Details of registration of transaction intention, the transaction request, and the request for information disclosure;

　　(3)The legal representative’s identity certificate; if the applicant is a company, its organization code certificate is required;

　　(4)Documents supporting the ownership of the subject matter; and

　　(5)Sample contract.

　　The town (or sub-district) transaction authority shall, within 5 working days after receipt of such documents, complete review, identify the transaction service agency in accordance with these provisions and the standards formulated by the district people’s governments, and forward such documents to the agency.

　　Article 17Where the documents are complete, the transaction service agency shall, within 5 working days after receipt of such documents, publish a public transaction notice on Guangzhou rural clean government information disclosure platform, the rural collective assets transaction platform and other platform websites prescribed by government, and on the bulletin board of the transaction service agency.

　　The rural collective shall publish a public transaction notice on the village affairs bulletin board, at the location of the subject matter or in any other place.

　　The public transaction notice shall include the following information:

　　(1)Project profile;

　　(2)Reserve price;

　　(3)Eligibility conditions for bidders;

　　(4)Application time, place and methods;

　　(5)Amount and payment method of transaction deposit;

　　(6)Transaction time, place and methods;

　　(7)Contact person and contact details; and

　　(8)Other information requiring public notification.

　　Article 18The period of public transaction notification shall be determined according to the amount of the reserve price; where the amount is small, the period shall be no less than 7 working days; where the amount is large, the period shall be no less than 20 days; where the amount is great, the period shall be no less than 60 days, and specific standards shall be formulated by the district people’s governments on the basis of the actual conditions of the district. Where the transaction request needs to be revoked or the content of public notice needs to be amended during the period of public notification, a written application shall be submitted to the transaction service agency at least 3 working days prior to the expiry of the public notification period, and such revocation or amendment may not be effected without the required approval.

　　Article 19Prospective bidders shall make an application by submitting documents to the transaction service agency in accordance with the requirements of the public transaction notification, make payment of the transaction deposit, and ensure the authenticity and completeness of such documents.

　　The transaction service agency shall validate the eligibility of prospective bidders and notify them of the results of such validation.

　　Article 20The transaction service agency shall organize transactions in accordance with the specific transaction rules formulated by the people’s government of the district where the agency is located.

　　Upon the completion of a transaction, the transaction service agency shall arrange for the rural collective and the winning bidder to confirm the results of the transaction on site, and announce the transaction results on Guangzhou rural clean government information disclosure platform, the rural collective assets transaction platform website, and the bulletin board of the transaction service agency, and the rural collective shall also announce such results on the village affairs bulletin board, at the location of the subject matter or in any other place. The period of public announcement shall be no less than 5 working days. The public announcement of transaction results shall include the following information:

　　(1)The name and profile of the transaction project;

　　(2)Winning bidder;

　　(3)Transaction time and transaction price;

　　(4)Period of public announcement; and

　　(5)Complaint-accepting agency and contact details.

　　Article 21Within 5 working days after the end of such public announcement, the rural collective and the winning bidder shall go to the place designated by the transaction service agency to sign a contract. Failure to conclude a contract with the rural collective for any reason attributable to the winning bidder shall be deemed waiver of the transaction, and the transaction deposit shall be dealt with in accordance with transaction rules.

　　Article 22Upon contract conclusion, the transaction service agency shall sort out and archive for reference the documents relating to the transaction project, and shall timely enter relevant information into the rural collective assets information management platform as required.

　　Article 23In the event that there are no bidders, that bidding is invalid, or that the transaction fails, the rural collective may apply for issuance of a new public transaction notice without changing transaction conditions. In case of any change in transaction conditions, the transaction intention shall be declared anew in accordance with the provisions of these Measures.

　　Chapter V  Transaction Administration and Supervision

　　Article 24A district people’s governments shall incorporate the rural collective assets information management platform into the rural cleanness warning and control system, and carry out real-time warning, real-time analysis and real-time monitoring.

　　Article 25Each town people’s government or sub-district office shall incorporate rural collective assets transaction administration into the annual performance assessment on rural collectives, as basis for rewarding or punishing members of the village committee (or board of directors).

　　Article 26Each transaction authority or transaction service agency shall, on a regular basis, keep a record of assets transactions, contract performance and other credit information, and notify the district agricultural authority thereof.

　　The district agricultural authority shall establish a credit evaluation mechanism; in the case of a bidder with a bad credit rating, such an authority shall notify the transaction service agency to restrict the bidder from participate in bidding.

　　Article 27At the time of rural collective assets transaction, villager (or union) committee (or board of directors), the democratic financial management and supervision group (or board of supervisors), and/or the village affairs supervisory committee of the rural collective shall dispatch staff to the site for witnessing and supervision.

　　On discovery of a rule-breaking transaction or receipt of a relevant report or complaint, the democratic financial management and supervision group (or board of supervisors), and/or the village affairs supervisory committee shall promptly report it to the transaction authority.

　　Article 28In the transaction process, where a transaction cannot be conducted as normal due to any of the following special circumstances, the transaction service agency may decide to postpone or suspend the transaction with the approval by the transaction authority and issue a public notice within 2 working days:

　　(1)Where the transaction cannot be conducted as normal due to any Force Majeure event;

　　(2)Where any third party lodges an objection to this transaction and there is evidence;

　　(3)Where a bidder is suspected of employing trickery, committing collusive bidding, offering bribes, carrying out extortion or threatening others, and investigation is required for confirmation; or

　　(4)Any other special circumstances that result in failure to conduct the transaction as normal.

　　Article 29Each bidder shall make payment of a transaction deposit to the transaction service agency in accordance with the requirements of the public transaction notice, and one deposit only allows participation in bidding for one transaction.

　　Where the bidder fails in bidding, the deposit shall be refunded in full in one time within 5 working days after the end of the public announcement of the results of the transaction.

　　Where the bidder succeeds in bidding, the deposit shall be refunded in full in one time within 5 working days after contract conclusion, or be converted into contract performance bond as specified in the public notice.

　　Article 30On receipt of a complaint or report about involvement in a transaction noncompliance, the agricultural authority, transaction authority or supervisory authority shall promptly accept the case and deal with it in accordance with relevant regulations.

　　Chapter VI   Legal Liabilities

　　Article 31Where any staff member of a rural collective violates the provisions of these Measures by committing any of the following acts, he/she shall be ordered for rectification, given a circulated criticism, a payroll or performance-based bonus deduction, recommended for removal or otherwise punished, depending on the seriousness of circumstances; if losses are caused to the collective economy, he/she shall assume the corresponding liability for damages, according to law; if a crime is constituted, criminal liabilities shall be investigated and affixed according to law.

　　(1)Failing to enter the transaction service agency for open trading as required by these Measures;

　　(2)Fragmenting the amount, area or period of the subject matter to avoid entering the transaction service agency at the next higher level for open trading;

　　(3)Concealing facts or providing false documents in the transaction process;

　　(4)Failing to follow democratic voting procedures as required;

　　(5)Disturbing the order of transaction, and/or affecting the normal operation of the transaction;

　　(6)Failing to sign a contract as required, upon a transaction;

　　(7)Failing to perform the contract by deliberately placing obstacles;

　　(8)Offering or accepting any bribe; or

　　(9)Otherwise affecting the openness, fairness or impartiality of the transaction.

　　Article 32Where any relevant staff member of the agricultural authority or transaction authority of the Municipality or of a district violates the provisions of these Measures by failing to perform or to properly perform his/her duties, an administrative sanction shall be imposed on him/her according to law; if a crime is constituted, criminal liabilities shall be investigated and affixed according to law.

　　Article 33Where any functionary of a transaction service agency violates the provisions of these Measures by abusing his/her power or failing to perform or to properly perform his/her duties, the administrative department in charge shall impose a payroll deduction, dismissal or sanction on him/her, hold him/her accountable or otherwise punish him/her, depending on the seriousness of circumstances; if losses are caused to the collective economy, he/she shall assume the corresponding liability for damages, according to law; if a crime is constituted, criminal liabilities shall be investigated and affixed according to law.

　　Article 34Where any prospective bidder, bidder or winning bidder violates the provisions of these Measures by damaging the interests of others or the rural collective, it/he/she shall assume the corresponding liability for damages, according to law; if involving employing trickery, committing collusive bidding, offering bribes, carrying out extortion or threatening others, it/he/she shall be investigated and affixed for criminal liabilities according to law.

　　Article 35Where any dispute arises during the performance of a rural collective assets transaction contract, it may be resolved in the ways as agreed in the contract or otherwise by means of litigation.

　　Chapter VII       Supplementary Provisions

　　Article 36Each district people’s governments shall, in accordance with these Measures, formulate detailed rules on transaction administration, transaction rules and other supporting rules in the light of local realities, and file them with the municipal agricultural authority for record.

　　Article 37These Measures shall become effective as of June 1, 2015.