经营农家院的法律问题详解

Detailed Explanation of Legal Problems in Running Farmhouse

1. 开办农家院都需要哪些手续，上哪些牌照？

1. What procedures and licences are required for the establishment of a farmhouse?

农家乐是寄托在农村经济环境中的第三产业。农户要办一个农家乐，最基本的手续是应该办理工商营业执照，另外还应该办理卫生许可证、消防许可证、税务登记证等，只有具备了这些前提条件才能开门营业。如果所开的农家乐达不到私营企业的条件，属于农户经营的或两个以上合伙人共同经营的，就要办理个体工商户营业执照。

Farmhouse entertainment is the tertiary industry in the rural economic environment. The most basic procedure for peasant households to have a happy farmhouse is to have a business license for Industry and commerce, as well as a health permit, a fire permit, a tax registration certificate and so on. Only when these prerequisites are met, can they open their doors for business. If the conditions of private enterprises are not met by the farmers'pleasure, or if they are operated by farmers or by two or more partners, they shall apply for business licenses for individual businesses.

2. 没有手续的“黑农家院”可能会面临哪些问题？

2. What problems may be faced by "black farmhouse" without formalities?

面临的问题会比较多，最严重的应该是工商管理部门经查实后会根据违法的情节严重与否有权依法责令限期改正或是给予行政处罚的，严重的话是可以依法取缔，并没收违法所得。无照经营行为规模较大、社会危害严重的，并处2万元以上20万元以下的罚款；无照经营行为危害人体健康、存在重大安全隐患、威胁公共安全、破坏环境资源的，没收专门用于从事无照经营的工具、设备、原材料、产品(商品)等财物，并处5万元以上50万元以下的罚款。其他诸如卫生许可证等其他证件，相关的有执法权的行政机关也是有行政处罚权的。

There will be many problems to be faced. The most serious one should be that the administrative departments of industry and commerce, after checking, will have the right to order corrections within a time limit or to impose administrative penalties according to the serious circumstances of the violation. If serious, they can be banned according to law and confiscated the illegal income. Those who engage in unlicensed business operations with large scale and serious social hazards shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; those who engage in unlicensed business operations that endanger human health, have major potential safety hazards, threaten public safety and destroy environmental resources shall be confiscated of tools, equipment, raw materials, products (commodities) specially used for unlicensed business operations and fined not less than 50,000 yuan and not more than 500,000 yuan. Paragraph. Other documents, such as health permits, and relevant administrative organs with law enforcement powers also have the power to impose administrative penalties.

3. 现实生活中有种情况是，我家没有牌照，但你家办下来了，我借用你家牌照来经营农家院，这对双方有什么风险？

3. In real life, there is a situation that my family does not have a license, but your family has done it. I borrow your license to run the farmyard. What is the risk to both sides?

答：提醒广大经营者，营业执照不允许涂改、出租、出借，进行经营性活动，必须由经营者申办营业执照后才能正常营业。我国法律规定，合同双方当事人以外的人称为第三人，不能对抗第三人是指不能以双方签订的合同约定损害第三人的合法权利，合同双方当事人的约定对善意第三人不能产生对抗效力，因此发生问题，出租营业执照一方要承担连带赔偿责任。建议广大农户不要出租营业执照。

Answer: Remind operators that business licenses are not allowed to be altered, leased or lent. They must apply for business licenses before they can operate normally. According to the law of our country, the person other than the parties to the contract is called the third party, which can not confront the third party.dimai.75ix.comhedao.75ix.com niuyang.75ix.comtongban.75ix.com lixinb.75ix.com daozhu.75ix.com It means that the legal rights of the third party can not be damaged by the contract agreement signed by the two parties. The agreement between the parties to the contract can not produce confrontational effect on the bona fide third party. Therefore, when problems arise, the leasing business license party should bear joint and several liability for compensation. It is suggested that farmers should not rent business licenses.

4. 现在也有很多城里人到农村租用宅基地房开办民宿，这种租用合法吗？有没有什么注意事项？

4. Nowadays, many city dwellers go to the countryside to rent homestead houses for housing. Is this kind of rent legal? Are there any precautions?

答：法定规定宅基地上民房不得对城市居民进行买卖，但是并没有禁止租赁。对于租赁农村民房其实与租赁城市房屋的区别并不太大，其法律性质都是房屋租赁的法律关系。签订租赁合同时，双方主要注意的应该是合同的文本，要写得尽量详实，对双方的权利、义务尽量约定明确，以免日后发生纠纷、争论不休。

Answer: The statutory provisions prohibit the sale of residential houses on residential land to urban residents, but there is no prohibition on leasing. In fact, the difference between leasing rural houses and leasing urban houses is not too big. The legal nature of leasing rural houses is the legal relationship of housing leasing. When signing a lease contract, the two parties should pay attention to the text of the contract. They should write as detailed as possible and make their rights and obligations as clear as possible so as to avoid future disputes and endless disputes.

需要提醒的是：

It should be noted that:

（1）农村宅基地上的房屋是可以依法出租的，但是宅基地不能出租。因为宅基地是为了保证农民的生活由集体允许使用的，宅基地的所有权还是村集体，因此在签订租赁合同时，标的物一定要写明是房屋，而不能写宅基地，否则属于违法法律强制性规定，合同存在无效的风险。

(1) The houses on the rural homestead can be rented according to law, but the homestead can not be rented. Because the homestead is to ensure that the peasants'lives are allowed to use by the collective, the ownership of the homestead is still the village collective, so when signing the lease contract, the subject matter must be stated as the house, but not the homestead, otherwise it belongs to the compulsory provisions of the law, and the contract has the risk of invalidity.

（2）租赁期限不得超过二十年。超过二十年的，超过部分无效。租赁期间届满，当事人可以续订租赁合同，但约定的租赁期限自续订之日起不得超过二十年。也就是说，租赁合同租期最长20年，超过20年无效，到期转为无限期同样是无效的。

(2) The lease term shall not exceed 20 years. For more than 20 years, more than half of them are invalid. At the end of the lease period, the parties may renew the lease contract, but the agreed lease term shall not exceed 20 years from the date of renewal. That is to say, the lease term of the lease contract is not valid for more than 20 years, and it is also invalid for the lease contract to expire for an indefinite period.