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Agriculture

Department of law
Introduction


As a large full-service law firm in the West Coast Economic Zone, Fujian Fidelity Law Firm (Fidelity) has a solid research foundation and extensive experience in legal services related to rural revitalization. The department consists academically oriented lawyers with many years of research experience in rural economic system reform, as well as professional lawyers with extensive experience in legal services in areas such as government/community affairs, collective land acquisition and development, corporate governance, finance, and family law.


In recent years, Fidelity’s lawyers have provided professional and high-quality legal services for numerous agriculture-related projects. Their services cover multiple areas, including the three major rural land system reforms — rural land expropriation, the market entry of collective operational construction land, and the homestead system. They also handle matters relating to the separation of the three rights of land contracting (ownership, contracting rights, and management rights), confirmation and recovery of collective rural assets, shareholding reform of collective economic organizations, collective rural land development, new rural construction, characteristic town projects, rural land finance, and agricultural dispute litigation and arbitration. The firm provides professional legal services for government departments, village or community committees, collective economic organizations, agricultural enterprises and institutions, social capital entities, and farmers.


Fidelity has taken the lead in providing legal services for collective property rights reform in Fujian Province, offering specialized legal services for shareholding reform of collective economic organizations in demonstration villages and communities across various regions, achieving notable results. At present, Fidelity has developed a complete operational process for collective property rights reform and has systematically created categorized templates for practical implementation, including templates for detailed implementation plans, member identification schemes, shareholding reform plans, and shareholding cooperative charters.


Scope of Legal Services of the Agriculture and Rural Affairs Legal Affairs Department

◇Rural property rights transactions and transfers (including land contracting and management rights, collective forest rights, usage rights of “four wastelands” areas, agricultural intellectual property rights, and leasing rights of collective operational rural assets).


◇Legal Counsel Services for Government Institutions


◇Providing Legal Consultation (Both Oral and Written)

1.Respond to the client’s legal inquiries and provide lawful advice and opinions;

2.Participate in discussions on complex administrative management issues and provide legal advice and opinions.


◇Conduct Legality Review of Important Legal Documents and Provide Legal Advice

Review drafts of major regulatory documents, key contract templates, and significant administrative decisions for legality, and provide legal recommendations accordingly.


◇Assist in Standardizing the Client’s Administrative Documents

1.Revise the legal documents used in the client’s daily operations;

2.Assist the client in handling matters related to policies and regulations;

3.Cooperate with the Policy and Regulation Division to advance overall legal advisory services, strengthen coordination with various departments, and assist each functional department in standardizing related legal documents.


◇Assist the Client in Establishing Standardized Administrative Procedures and Promoting Law-Based Governance

1.Attend or sit in on key thematic meetings to provide legal advice on relevant issues;

2.Provide early legal intervention in matters involving administrative penalties, enforcement, licensing, and reconsideration, and issue legal opinions;

3.Track and handle complex matters involving policies and regulations encountered by the client;

4.Participate in handling non-litigation legal disputes arising in daily administrative management, provide proposed solutions, issue lawyer’s letters, and assist in arbitration and mediation negotiations.


◇Engage Early in Major Matters and Conduct Legal Research and Argumentation to Ensure Law-Based Administration

1.Administrative disputes or conflicts that have occurred or may occur;

2.Petition cases with significant social impact;

3.Major projects or asset disposal projects requiring legal participation;

4.Key matters involving social stability;

5.Handling of major emergencies;

6.Other matters that require prior legal research and justification.


◇Conduct Legal Knowledge Training

Provide legal education and training for the client’s officials and subordinate units.


◇Other Routine Legal Advisory Services


Legal Counsel Services for Agricultural Enterprises and Social Capital Entities

◇Legal Consultation Services
Provide oral or written responses to the client’s legal inquiries, offering legal grounds and advice to support management or operational decision-making.


◇Contract Drafting and Revision
Draft, review, or amend contracts and other legal documents related to agricultural and rural affairs according to the client’s needs.


◇Legal Training Services
Provide legal training to the client’s relevant personnel based on their specific needs.


◇Legal Information Services
Provide regular legal updates according to the client’s business needs, including general legal information as well as laws and policies related to agriculture and rural affairs.


◇Legal Documentation Services
Issue lawyer’s letters, statements, and other legal documents to address issues arising in the client’s management and operations.


◇Dispute Resolution Services
Guide and assist the client in handling disputes that have not yet entered litigation or arbitration, or disputes already in litigation or arbitration handled by other representatives.


◇Other Legal Services
Provide related legal services for matters such as public opinion monitoring, emergency response planning, crisis management, and applications for government policy support in the agricultural and rural sectors, according to the client’s needs.


Specialized Legal Services for Rural Collective Property Rights Reform in Villager Groups (Natural Villages)

◇Provide legal, regulatory, and policy consultation services for villager groups (natural villages) in carrying out collective property rights reform.

◇Guide and assist villager groups (natural villages) in formulating work plans and implementation schemes for rural collective property rights reform.

◇Draft and prepare meeting notices, announcements, minutes, resolutions, the articles of association for new collective economic organizations, election methods for council and supervisory board members, ballots, voting summary tables, and preparatory reports for the establishment of new collective economic organizations.

◇Guide and assist villager groups (natural villages) in convening the inaugural general assembly of the new collective economic organization to deliberate and approve the Articles of Association, and to elect members of the board of directors (or council), supervisory board, as well as the chairpersons of both.

◇Guide and assist villager groups (natural villages) in organizing and preparing registration and coding materials for the collective economic organization.

◇Draft work summaries and experience reports for villager groups (natural villages), establish and improve the documentation system for collective property rights reform, and assist in preparing for higher-level inspection and acceptance until final approval is achieved.


Legal Services for Rectification and Standardized Operation of Rural Collective Assets

◇Guide and assist collective economic organizations in cleaning up collective assets, reviewing contracts, and providing rectification recommendations based on identified contractual issues.

◇Develop contract templates, contract management ledgers, and operational manuals tailored to the characteristics and needs of each county, enabling collective economic organizations to effectively protect and manage collective assets.

◇Provide training for personnel within county-level economic management systems and leaders of collective economic organizations to enhance their legal awareness and professional competence.

◇Assist in formulating management systems that align with the actual “Three Assets” (resources, funds, and properties) management needs within county-level jurisdictions, supporting the growth of collective economies and the protection of collective assets.

◇Facilitate the transaction and circulation of rural property rights, including land contract and management rights, collective forest rights, the right to use “Four Wastelands” (wasteland, barren hills, uncultivated land, and unused beaches), agricultural intellectual property rights, and leasing rights of collective operating assets.


Legal Services for the “Separation of Government and Economic Affairs”

◇Conduct research and draft implementation plans for the “Separation of Government and Economic Affairs” based on the specific circumstances of each collective economic organization.

◇Assist and guide collective economic organizations and village (or community) committees in implementing key aspects of the separation process, including financial separation, institutional separation, functional separation, and asset separation.

◇Assist collective economic organizations in formulating standardized management and operational systems.

◇Monitor and guide the implementation of the “Separation of Government and Economic Affairs,” assisting collective economic organizations in conducting compliant and standardized operations.


Specialized Legal Services for the Market Entry of Collective Commercial Construction Land

◇Assist in formulating implementation plans for the market entry of collective commercial construction land.

◇Assist in drafting cooperation plans for the market entry of collective commercial construction land.

◇Assist in developing investment promotion plans for the market entry of collective commercial construction land.

◇Assist in handling the approval procedures for collective construction land.

◇Assist in conducting pre-market procedures for collective commercial construction land, including opinion solicitation and democratic voting.

◇Assist in drafting bidding plans for the market entry of collective commercial construction land.

◇Conduct due diligence on private capital partners upon authorization.

◇Participate in negotiations and consultations with private capital partners upon authorization to finalize cooperation plans.

◇Review cooperation plans for the market entry of collective commercial construction land and issue legal advisory opinions.

◇Provide full-process legal services for the implementation of cooperation plans following the market entry of collective commercial construction land.


Specialized Legal Services for Homestead Reform

◇Assist in formulating pilot plans for homestead reform.

◇Assist in implementing homestead reform practices in accordance with pilot plans.

◇Assist in establishing enforcement systems for homestead management.

◇Assist in establishing approval and administrative systems for homesteads.


Legal Services for Private Capital Participation in Agricultural and Rural Affairs

◇Facilitate the connection between private capital and agricultural or rural projects.

◇Represent either private capital or agricultural and rural entities in project negotiations.

◇Provide professional legal service plans for agricultural and rural projects.

◇Assist both parties in identifying and managing legal risks during project operations.

◇Provide full-process legal services for the development of characteristic towns and new rural construction projects.


Specialized Legal Services for Comprehensive Agricultural Law Enforcement

◇Assist in establishing comprehensive agricultural law enforcement teams.

◇Assist in standardizing procedures for comprehensive agricultural law enforcement.

◇Assist in conducting hearings related to agricultural law enforcement.

◇Assist in carrying out legality reviews for agricultural law enforcement actions.

◇Assist in resolving disputes arising from agricultural law enforcement.

◇Provide specialized legal services for administrative reconsideration and litigation related to agricultural law enforcement.


Litigation and Arbitration Legal Services Related to Agriculture and Rural Affairs

◇Represent clients in litigation involving infringements of rural collective land.

◇Represent clients in arbitration and litigation cases concerning agricultural, forestry, and fishery contract disputes.

◇Represent clients in administrative proceedings, reconsiderations, and litigations related to rural collective land ownership disputes.

◇Represent clients in arbitration and litigation concerning agricultural and rural legal affairs.


Specialized Legal Services for Rural Finance

◇Provide legal services for collateralization and secured loan financing involving collective economic organizations (asset shares), agricultural enterprises, and farmers.

◇Provide legal services for peer-to-peer (P2P) lending platforms related to agricultural financing.

◇Provide legal services for equity crowdfunding projects related to agriculture and rural development.


Legal Services for Land Contract Extension

◇Provide comprehensive legal services for land contract extension, including preliminary surveys, formulation of extension plans, organization of meetings, solicitation of opinions, and archival documentation. These services ensure that the land contract extension process proceeds legally and orderly, safeguarding farmers’ rights and promoting the smooth implementation of land extension work.