Forestry laws and regulations

(1September 20th, 984, adopted at the 7th meeting of the Standing Committee of the 6th NPC. The first amendment was made in accordance with the Decision on Amending the Forest Law of People's Republic of China (PRC) at the Second Session of the Ninth National People's Congress Standing Committee 1998 on April 29, 2009, and the second amendment was made in accordance with the Decision on Amending Some Laws at the Tenth Session of the Eleventh National People's Congress Standing Committee on August 27, 2009 and the 15th Session of the Thirteenth National People's Congress Standing Committee on February 28, 2006).

catalogue

Chapter I General Provisions

Chapter II Forest Ownership

Chapter III Development Planning

Chapter IV Forest Protection

Chapter v afforestation and greening

Chapter VI Operation and Management

Chapter VII Supervision and Inspection

Chapter VIII Legal Liability

Chapter IX Supplementary Provisions

Chapter I General Provisions

Article 1 This Law is formulated for the purpose of practicing the concept that green mountains and green waters are priceless, protecting, cultivating and rationally utilizing forest resources, speeding up land greening, ensuring forest ecological security, building ecological civilization, and realizing harmonious coexistence between man and nature.

Article 2 This Law is applicable to the protection, cultivation and utilization of forests and trees and the management of forests, trees and woodlands in People's Republic of China (PRC).

Article 3 The protection, cultivation and utilization of forest resources should respect and conform to nature, and adhere to the principle of giving priority to ecology, protection, conservation and sustainable development.

Article 4 The State implements a target responsibility system and an assessment and evaluation system for the protection and development of forest resources. The people's government at a higher level shall assess the situation that the people's government at a lower level has completed the development goals of forest resources protection, forest fire prevention and control of major forest pests and diseases, and announce the assessment results to the public.

Local people's governments may, according to the needs of the protection and development of forest resources in their respective administrative areas, establish a forest director system.

Article 5 The state adopts fiscal, taxation and financial measures to support the protection and development of forest resources. People's governments at all levels shall ensure the investment in forest ecological protection and restoration, and promote the development of forestry.

Article 6 The State aims at cultivating a stable, healthy, high-quality and efficient forest ecosystem, and implements classified management of public welfare forests and commercial forests, giving prominence to leading functions and giving full play to various functions, so as to realize the sustainable utilization of forest resources.

Article 7 The State shall establish a compensation system for forest ecological benefits, increase support for the protection of public welfare forests, improve the transfer payment policy for key ecological functional areas, and guide the people's governments of beneficiary areas and forest ecological protection areas to negotiate compensation for ecological benefits.

Article 8 the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, in accordance with the provisions of the state on the autonomy of ethnic autonomous areas, implement more preferential policies for forest protection and forestry development in ethnic autonomous areas.

Ninth the State Council forestry authorities in charge of the national forestry work. The competent forestry authorities of local people's governments at or above the county level shall be in charge of forestry work within their respective administrative areas.

Township people's governments may determine relevant institutions or set up full-time and part-time personnel to undertake forestry-related work.

Article 10 It is the duty of citizens to plant trees and protect forests. People's governments at all levels shall organize voluntary tree planting activities for the whole people.

March 12 is Arbor Day every year.

Article 11 The State shall take measures to encourage and support forestry scientific research, popularize advanced and applicable forestry technologies and raise the level of forestry science and technology.

Twelfth people's governments at all levels should strengthen publicity and education and knowledge popularization of forest resources protection, encourage and support grassroots mass autonomous organizations, news media, forestry enterprises and institutions, volunteers and other publicity activities on forest resources protection.

Education administrative departments and schools shall educate students on the protection of forest resources.

Thirteenth organizations or individuals that have made remarkable achievements in afforestation, forest protection, forest management and forestry scientific research shall be commended and rewarded in accordance with the relevant provisions of the state.

Chapter II Forest Ownership

Article 14 Forest resources are owned by the state, except those that are collectively owned by law.

The ownership of state-owned forest resources shall be exercised by the State Council on behalf of the state. The State Council may authorize the competent department of natural resources in the State Council to uniformly perform the duties of the owner of state-owned forest resources.

Article 15 The ownership and use right of woodlands and forests and trees on woodlands shall be uniformly registered by the real estate registration agency, and certificates shall be issued. Forests, trees and woodlands in national key forest areas (hereinafter referred to as key forest areas) identified by the State Council shall be registered by the competent department of natural resources of the State Council.

The legitimate rights and interests of owners and users of forests, trees and woodlands are protected by law, and no organization or individual may infringe upon them.

Owners and users of forests, trees and woodlands shall protect and make rational use of forests, trees and woodlands according to law, and shall not illegally change the use of woodlands or destroy forests, trees and woodlands.

Article 16 State-owned woodlands, forests and trees on woodlands may be designated for use by forestry operators according to law. The right to use state-owned forest land and the forests and trees on the forest land obtained by forestry operators according to law may be transferred, leased or invested at a fixed price upon approval. The specific measures shall be formulated by the State Council.

Forestry operators should fulfill their obligations to protect and cultivate forest resources, ensure the steady growth of state-owned forest resources, and improve forest ecological functions.

Seventeenth collectively owned and state-owned forest land used by farmers according to law (hereinafter referred to as collective forest land) shall be contracted, and the contractor shall have the right to contract the management of forest land and the ownership of trees on the contracted forest land, unless otherwise agreed in the contract. The contractor may transfer the management right, forest ownership and use right of forest land according to law through leasing (subcontracting), shareholding and transfer.

Eighteenth collective forest land and forest trees on the forest land that have not been contracted for management shall be uniformly managed by rural collective economic organizations. With the consent and publicity of more than two-thirds of the members of the villagers' meeting of the members of the collective economic organization or more than two-thirds of the villagers' representatives, the forest land management right, forest ownership and use right can be transferred according to law through bidding, auction and public consultation.

Nineteenth collective forest land management rights transfer shall sign a written contract. The contract for the transfer of forest land management right generally includes the rights and obligations of both parties, the transfer period, the transfer price and payment method, the disposal of forest trees and fixed production facilities on the forest land when the transfer period expires, and the liability for breach of contract.

If the transferee violates the law or the contract, causing serious damage to forests, trees and woodlands, the employer or contractor shall have the right to recover the right to operate the woodlands.

Article 20 Trees planted by state-owned enterprises, institutions, government organs, public organizations and military units shall be managed and protected by the construction unit, and the proceeds shall be managed in accordance with state regulations.

Trees planted by rural residents in front of the house, on private plots and on private hills are owned by individuals. Trees planted by urban residents in the courtyard of their houses are owned by individuals.

Trees planted in barren hills, wasteland and wasteland suitable for forest contracted by collectives or individuals shall be owned by the contracted collectives or individuals; Where there are other provisions in the contract, such provisions shall prevail.

Trees planted by other organizations or individuals shall be owned by the builder according to law and enjoy the benefits of trees; Where there are other provisions in the contract, such provisions shall prevail.

Article 21 In order to meet the needs of ecological protection, infrastructure construction and other public interests, if it is really necessary to expropriate and requisition forest land and trees, the examination and approval procedures shall be handled in accordance with the Land Management Law of the People's Republic of China and other laws and administrative regulations, and fair and reasonable compensation shall be given.

Article 22 Disputes over the ownership and use right of trees and woodlands between units shall be handled by the people's governments at or above the county level according to law.

Disputes between individuals, individuals and units over forest ownership and the right to use forest land shall be handled by the people's governments at townships or above the county level according to law.

If a party refuses to accept the decision of the relevant people's government, it may bring a lawsuit to the people's court within 30 days from the date of receiving the notice of decision.

Before the dispute over the ownership of trees and woodlands is resolved, no party may cut down disputed trees or change the status quo of woodlands except for the needs of forest fire prevention, forest pest control and major national infrastructure construction.