Guangdong Province Forest Land and Tree Transfer Measures (2020 Revision)

Article 1. In order to regulate the transfer of forest land and trees, protect the legitimate rights and interests of both parties to the transfer of forest land and trees, and promote forestry reform and development, in accordance with the "Forest Law of the People's Republic of China" and the "Forest Law of the People's Republic of China" These measures are formulated in conjunction with the actual conditions of the province, including the National Rural Land Contract Law, the Implementation Regulations of the Forest Law of the People's Republic of China, and other relevant laws and regulations. Article 2 These Measures shall apply to the transfer and management of forest land and trees within the administrative region of this province.

The term "forest transfer" as mentioned in these Measures refers to the act in which rights holders operating collective forest land transfer all or part of their collective forest land management rights, forest ownership rights, and forest use rights to others for compensation in accordance with the law.

The expropriation and requisition of collective forest land in accordance with the law, as well as the transfer and management of state-owned forest land, shall be carried out in accordance with relevant national and provincial regulations. Article 3 The forestry administrative departments of the people's governments at or above the county level shall perform the management and supervision responsibilities of the transfer of forest land and trees within their respective administrative regions in accordance with the law.

Other relevant departments of the people's governments at or above the county level, township people's governments, and sub-district offices shall carry out work related to the transfer of forest land and trees according to the division of responsibilities. Article 4 The transfer of forest land and trees shall adhere to the following principles:

(1) Legally, voluntarily, and paid; (2) Open, fair, and just;

(3) The nature and use of forest land shall not be changed. Article 5 The woodland and timber of commercial forests acquired in accordance with the law shall be transferred in accordance with the following provisions:

(1) The forestland and timber managed collectively and uniformly, as well as the collective forestland and timber obtained through other means such as bidding, auction, public consultation, etc. The rights can be leased, transferred, invested in shares, mortgaged or transferred as capital contribution, cooperation conditions and other methods permitted by laws and regulations in accordance with the law;

(2) Forest land management rights obtained through household contracting can be leased in accordance with the law , transfer, subcontract, shareholding, exchange or transfer as capital contribution, cooperation conditions and other methods permitted by laws and regulations.

The forest land and trees in the ecological public welfare forest can be transferred by leasing, subcontracting, buying shares, etc. The nature of the ecological public welfare forest must not be changed without authorization, and its ecological functions must not be destroyed. Article 6 Forest land and trees shall not be transferred under any of the following circumstances:

(1) The rights have not been confirmed and registered in accordance with the law;

(2) The ownership is in dispute;

(3) It is owned by *** but without the written consent of the person with the right to ***;

(4) It has been mortgaged in accordance with the law but without the written consent of the mortgagee ;

(5) Other circumstances stipulated in laws and regulations. Article 7 The forest land and trees under collective unified management shall be transferred through tendering, auction or public consultation. The transfer plan shall be announced on the village affairs bulletin board, and the announcement period shall not be less than 7 working days; after the announcement, it shall be approved by the collective economic organization in accordance with the law. The members' meeting or member representative meeting, or passed by the villagers' meeting or villagers' representative meeting or villagers' group meeting of the village; if it needs to be assessed, it shall be implemented in accordance with the "Guangdong Province Rural Collective Asset Management Regulations".

If the forest land under collective unified management is transferred to units or individuals outside the collective economic organization, it must also be reported to the township people's government and sub-district office for approval; if bidding or auction is adopted, the relevant property rights must be approved The trading platform is conducted; under the same conditions, members of this collective economic organization enjoy priority. Article 8 If the forest land management rights obtained through household contracting are transferred in accordance with the law, they must obtain the written consent of the contract-issuing party; if they are transferred by leasing, subcontracting, exchange, shareholding, capital contribution, cooperation conditions or other methods permitted by laws and regulations, It should be reported to the contractor for record keeping. Article 9 The transfer of forestry from jointly owned collective forest land under joint venture, cooperative operation or joint ownership shall obtain the consent of the joint venture party, the cooperative party or the joint owner.

If the trees on collective forest land are managed by state-owned units or forest farms of township people's governments or sub-district offices, they shall not be transferred if the two parties have not agreed on the transfer in the original agreement. Article 10 If the unit or individual that accepts the transfer of forest land and trees (hereinafter referred to as the transfer party) transfers forest land and trees again, it shall file a written record with the original collective economic organization or villagers committee or villager group. Article 11 The inflowing party shall have forestry management capabilities. Forest land and trees shall not be transferred to units or individuals without forestry management capabilities.

If the forest land management rights obtained through household contracting are transferred by transfer in accordance with the law, the inflow party should also be a farmer engaged in agricultural production and management.

Article 12 The transfer of collective forest land managed by collective unified management and forest farms operated by state-owned units or township people's governments or sub-district offices shall be carried out on the relevant property rights trading platform, and the following materials shall be submitted:

(1) The written text of the entrusted property rights trading platform circulation;

(2) Circulation plan.

The transfer of forest land under collective unified management must also be submitted to the general meeting of members or member representative meetings of the collective economic organization, or a resolution approved by the villagers meeting, villager representative meeting, or villager group meeting of the village for the transfer. ; If assets need to be evaluated in accordance with regulations, an evaluation report must also be submitted; if the assets are transferred to units or individuals other than members of the collective economic organization, an approval letter from the township people's government or sub-district office must also be submitted. Article 13 If the forest land management rights obtained through household contracting are transferred in accordance with the law, a written transfer application shall be submitted to the contract-issuing party and the following materials shall be submitted:

(1) Transfer agreement reached by both parties;

(2) Information on the inflow party’s forestry management capabilities;

(3) Identity certificate of the inflow party.