Forest Law of the Peoples Republic of China

"Forest Law of the People's Republic of China"

2006-7-3

                               Chapter 1 General Provisions

Article 1 In order to protect, cultivate and rationally use forest resources, speed up the greening of the country, play the role of forests in water storage and soil conservation, climate regulation, environment improvement, and provision of forest products, and meet the needs of socialist construction and people’s lives, this law is hereby formulated .

Article 2 The cultivation, planting, cutting and utilization of forests and forest trees, as well as the operation and management activities of forests, forest trees, and forest lands within the territory of the People's Republic of China, must abide by this law.

Article 3 Forest resources are owned by the state, except for those that are collectively owned by law. Collectively owned forests, trees, and woodlands owned by the state, and forests owned by individuals and used woodlands shall be registered by local people's governments at or above the county level, and certificates shall be issued to confirm ownership or use rights. The State Council may authorize the competent forestry department of the State Council to register the forests, trees, and woodlands of the state-owned key forest areas designated by the State Council, issue certificates, and notify the relevant local people's governments.

　　The legal rights and interests of the owners and use of forests, trees, and woodlands are protected by law, and no unit or individual may infringe.

Article 4 Forests are divided into the following five categories:

　　(1) Shelter forests: forests, trees and shrubs whose main purpose is protection, including water conservation forests, water and soil conservation forests, wind-proof Shaolin, farmland, pasture protection forests, bank protection forests, and road protection forests;

　　 (2) Timber forests: forests and forests whose main purpose is to produce timber, including bamboo forests whose main purpose is to produce bamboo;

　　(3) Economic forest: forest trees whose main purpose is to produce fruits, edible oils, beverages, seasonings, industrial raw materials and medicinal materials;

　　 (4) Firewood forest: forest trees whose main purpose is to produce fuel;

(5) Forests for special purposes: forests and trees whose main purpose is national defense, environmental protection, scientific experiments, etc., including national defense forests, experimental forests, parent forests, environmental protection forests, scenic forests, scenic spots and historic sites, and forests in revolutionary memorial places, Forest in nature reserve.

Article 5 The construction of forestry implements the policy of forest management, universal forest protection, vigorous afforestation, combination of harvesting and breeding, and sustainable utilization.

Article 6 The state encourages forestry scientific research, popularizes advanced forestry technology, and raises the level of forestry science and technology.

Article 7 The state protects the lawful rights and interests of forest farmers, reduces the burden on forest farmers in accordance with the law, prohibits illegal fees and fines from forest farmers, and prohibits allotment and compulsory fund-raising from forest farmers.

The state protects the lawful rights and interests of the collectives and individuals contracted for afforestation, and no unit or individual may infringe on the ownership and other lawful rights and interests of forests enjoyed by the collectives and individuals contracted for afforestation in accordance with law.

Article 8 The State implements the following protective measures for forest resources:

　　 (1) Implementing quota logging on forests, encouraging tree planting, closing hills for afforestation, and expanding forest coverage;

　　(2) In accordance with the relevant regulations of the state and local people's governments, provide economic support or long-term loans to collective and individual afforestation and afforestation;

　　 (3) Promote comprehensive wood utilization and economical use of wood, and encourage the development and utilization of wood substitutes;

　　 (4) Collection of afforestation fees, specifically for afforestation and afforestation;

　　(5) The coal, paper and other departments shall allocate a certain amount of funds according to the output of coal, wood pulp and paper and other products, specifically for the construction of pit wood, paper and other timber forests;

　　 (6) Establish a forestry fund system.

The state establishes a forest ecological benefit compensation fund for the establishment, cultivation, protection and management of forest resources, forest trees, and forest resources of shelter forests and special-purpose forests that provide ecological benefits. The forest ecological benefit compensation fund must be earmarked and used for other purposes. The specific measures by the State Council.

Article 9 The state and the people’s governments of provinces and autonomous regions shall grant more money to forestry production and construction in ethnic autonomous areas in terms of forest development, timber distribution, and use of forestry funds than in general areas in accordance with the state’s provisions on the autonomy of ethnic autonomous areas. Autonomy and economic interests.

Article 10 The competent forestry department of the State Council shall be in charge of forestry work throughout the country. The competent forestry department of the local people's government at or above the county level is in charge of forestry work in the region. The township assigns special or part-time personnel to the people's government to be responsible for forestry work.

Article 11 Planting trees and protecting forests are the obligations of citizens. People's governments at all levels shall organize voluntary tree planting by the whole people and carry out tree planting and afforestation activities.

Article 12 Units or individuals that have made outstanding achievements in tree planting and afforestation, forest protection, forest management, and forestry scientific research shall be rewarded by the people's governments at all levels.

                                Chapter II Forest Management

Article 13 The forestry authorities at all levels shall, in accordance with the provisions of this law, exercise management and supervision over the protection, utilization and renewal of forest resources.

Article 14 The competent forestry authorities at all levels are responsible for organizing forest resource inventories, establishing a resource file system, and grasping resource changes.

Article 15 The following forests, trees, and forest land use rights can be transferred in accordance with the law, or they can be used to purchase shares in accordance with the law or be used as investment or cooperation conditions for joint ventures, cooperative afforestation, or forest management, but the forest land may not be changed to non-forest land:

　　 (1) Timber forest, economic forest, firewood forest;

　　 (2) Forest land use rights for timber forests, economic forests, and firewood forests;

　　 (3) The right to use the timber forest, economic forest, and firewood forest logging sites and burning sites;

　　 (4) The right to use other forests, trees and other forest lands stipulated by the State Council.

In accordance with the provisions of the preceding paragraph, if the transfer, investment in stocks, or as a joint venture, cooperative afforestation, or forest management investment, or cooperation conditions, the already obtained forest logging permit may be transferred at the same time, and both parties to the transfer must abide by this law regarding forest and forest logging and renewal. Regulations for afforestation.

　　 Except for the circumstances stipulated in paragraph di of this article, other forests, trees and other forest land use rights shall not be transferred.

The specific measures by the State Council.

Article 16 People's governments at all levels shall formulate long-term forestry plans. State-owned forestry enterprises, public institutions and nature reserves shall, in accordance with long-term forestry planning, formulate forest management plans, which shall be implemented after being approved by the competent authority at a higher level.

The competent forestry department shall guide rural collective economic organizations and state-owned farms, pastures, industrial and mining enterprises and other units to formulate forest management plans.

Article 17 The disputes over the ownership and use rights of forest trees and forest land between units shall be handled by the people's government at or above the county level in accordance with the law.

　　 Forest ownership and forest land use rights disputes between individuals and between individuals and units shall be handled by the local county-level or township-level people's government in accordance with the law.

　　 If the party concerned is dissatisfied with the decision made by the people’s government, he may file a suit in the people’s court within one month from the date of receipt of the notification.

Before the dispute over the ownership of forests and forest land is resolved, neither party shall cut down the disputed forests.

Article 18 Forestry land shall not be occupied or under-occupied for exploration, mining of mineral deposits and various construction projects; if it is necessary to occupy or requisition forest land, after examination and approval by the competent forestry department of the people’s government at or above the county level, in accordance with relevant land management laws, Administrative regulations go through the approval procedures for construction land, and the land user shall pay the forest vegetation restoration fee in accordance with the relevant regulations of the State Council. The forest vegetation restoration fee is earmarked for the exclusive use. The competent forestry authority shall uniformly arrange afforestation and restoration of forest vegetation in accordance with relevant regulations. The afforestation area shall not be less than the forest vegetation area reduced due to the occupation and requisition of forest land. The competent forestry department at a higher level shall regularly supervise and inspect the organization of tree planting and afforestation and the restoration of forest vegetation by the competent forestry department at a lower level.

　　No unit or individual may misappropriate the forest vegetation restoration fee. The auditing organs of the people's governments at or above the county level shall strengthen supervision over the use of forest vegetation restoration fees.

                               Chapter III Forest Protection

Article 19 Local people’s governments at all levels shall organize relevant departments to establish forest protection organizations to be responsible for forest protection work; increase forest protection facilities in large-area forest areas according to actual needs and strengthen forest protection; supervise forests and grassroots units in forest areas to establish forest protection Convention, organize mass forest protection, delimit forest protection responsibility areas, and allocate full-time or part-time forest guards.

Forest guards can be appointed by people's governments at the county or township level. The main responsibilities of forest rangers are: patrolling the forests and preventing the destruction of forest resources. In the event of damage to forest resources, the forest guard has the right to request the local authorities to deal with it.

Article 20 The forest public security organs established in forest areas in accordance with relevant state regulations are responsible for maintaining public order in their jurisdictions and protecting forest resources within their jurisdictions. They may also act on their behalf within the scope authorized by the competent forestry department of the State Council in accordance with the provisions of this law. The power of administrative punishment as stipulated in Article 39, Article 42, Article 43, and Article 44 of the Law.

The armed forest police force performs the task of preventing and fighting forest fires assigned by the state.

Article 21 The local people's governments at all levels shall do a good job in the prevention and sincere rescue of forest fires:

　　 (1) The forest fire prevention period is stipulated. During the forest fire prevention period, it is prohibited to use fire in the wild in the forest area; if fire is required due to special circumstances, it shall be approved by the county-level people's government or an agency authorized by the county-level people's government;

　　 (2) Set up fire prevention facilities in forest areas;

　　 (3) In the event of a forest fire, the local military, civilians and relevant departments must be organized to fight it out immediately;

(4) For those injured, disabled, or sacrificed as a result of fighting forest fires, state employees shall be given medical treatment and compensation by their units, and non-state employees shall be given medical treatment and compensation by the fire unit in accordance with the regulations of the relevant competent department of the State Council. The fire unit is not responsible for the fire or If it is really unable to afford it, the local people's government shall provide medical treatment and compensation.

Article 22 The competent forestry authorities at all levels are responsible for organizing the prevention and control of forest diseases and insect pests.

The competent forestry department shall be responsible for stipulating the quarantine objects of forest tree seedlings, delimiting epidemic areas and protected areas, and quarantine forest tree seedlings.

Article 23 Destroying forests for reclamation, deforestation, quarrying, sand mining, soil mining, and other deforestation activities are prohibited.

　　 It is forbidden to cut firewood and graze in young forest land and special purpose forest.

Persons entering forests and forest fringe areas shall not move or damage signs serving the forest without authorization.

Article 24 The competent forestry department of the State Council and the people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government shall set up different natural areas in typical forest ecological areas, forest areas where precious animals and plants grow and reproduce, natural tropical rain forests, and other natural areas with special protection value. Forest areas, delimit nature reserves, and strengthen protection management.

　　The management measures for nature reserves shall be formulated by the competent forestry department of the State Council and submitted to the State Council for approval and implementation.

The precious trees outside the nature reserve and the plant resources of special value in the forest area shall be carefully protected; without the approval of the forestry authority of the province, autonomous region, or municipality directly under the Central Government, no felling or collection is allowed.

Article 25 The hunting and catching of wild animals listed as national protection in forest areas is prohibited; hunting and catching for special needs shall be handled in accordance with relevant national laws and regulations.

                               Chapter 4 Tree Planting and Afforestation

Article 26 The people's governments at all levels shall formulate afforestation plans and determine the goal of high forest coverage in the region in light of local conditions.

　　 People's governments at all levels shall organize all walks of life and urban and rural residents to complete the tasks determined in the afforestation plan.

　　 Barren hills and wasteland suitable for forestry are owned by the state, and the forestry authorities and other authorities shall organize afforestation; if they are collectively owned, the collective economic organization shall organize afforestation.

　　Afforestation shall be organized by relevant competent units in accordance with local conditions on both sides of railway roads, rivers, lakes and reservoirs; each unit is responsible for afforestation in industrial and mining areas, government offices, school land, military camps, and farms, pastures, and fishing grounds.

State-owned and collective-owned barren hills and wasteland suitable for forestry may be contracted to afforestation by collectives or individuals.

Article 27 The forest trees planted by state-owned enterprises, institutions, government agencies, organizations, and troops shall be managed by the planting unit and the revenue of the trees shall be controlled in accordance with state regulations.

　　 The forest trees planted by a collectively-owned unit shall be owned by that unit.

　　The trees planted by rural residents in front of and behind their houses, on their own plots, and on their own hills are owned by themselves. The trees planted by urban residents and employees in the courtyards of their own houses shall be owned by individuals.

Where collectives or individuals contract state-owned and collective-owned barren hills and wasteland suitable for afforestation, the forest trees planted after the contract shall be owned by the contracting collective or individual. If the contract has other provisions, it shall be implemented in accordance with the provisions of the contract.

Article 28 The local people's government shall organize the closure of mountains for newly planted young forest land and other places that must be closed for afforestation.

                                Chapter 5 Forest Logging

Article 29 The State strictly controls the annual forest felling volume based on the principle that the consumption of timber forests is lower than the growth. State-owned forests and forests are based on state-owned forestry enterprises, institutions, farms, factories and mines, collectively-owned forests and forests, and individual-owned forests are based on counties, and annual logging quotas are set, which are summarized by the forestry authorities of provinces, autonomous regions, and municipalities directly under the Central Government. After being reviewed by the people's government at the same level, it shall be submitted to the State Council for approval.

Article 30 The state formulates a unified annual timber production plan. The annual timber production plan shall not exceed the approved annual logging quota. The scope of plan management shall be stipulated by the State Council.

Article 31 The felling of forests and trees must comply with the following regulations:

　　 (1) For mature timber forests, selective cutting, clear cutting and gradual cutting shall be adopted according to different situations. Clear cutting shall be strictly controlled, and reforestation shall be completed in the same year or the following year;

　　 (2) National defense forests, parent forests, environmental protection forests, and scenic forests in protection forests and special-purpose forests are only allowed to be tended and renewed logging;

(3) Logging is strictly prohibited in the places of interest and historical sites in the forests for special purposes, the trees in the revolutionary memorial sites, and the forests in the nature reserves.

Article 32 The felling of forest trees must apply for a felling permit, and the felling shall be carried out in accordance with the provisions of the permit; except for the sporadic forests owned by rural residents on their own plots and in front of and behind their houses.

　　 State-owned forestry enterprises, institutions, agencies, organizations, troops, schools, and other state-owned enterprises and institutions shall be responsible for the issuance of logging permits by forestry authorities at or above the county level where they are located.

　　 The renewal logging of railway and highway protection forests and urban forests shall be subject to the review and issuance of logging permits by the competent authorities in accordance with relevant regulations.

　　For the harvesting of forest trees by rural collective economic organizations, the forestry authority at the county level shall review and issue logging permits in accordance with relevant regulations.

　　For rural residents to harvest forest trees in their own hills and individual contracted collectives, the county-level forestry authority or the people's government of the township or town entrusted by it shall review and issue logging licenses in accordance with relevant regulations.

The provisions of the above paragraphs apply to the logging of bamboo forests whose main purpose is to produce bamboo.

Article 33 The department reviewing and issuing felling permits shall not issue felling permits in excess of the approved felling quota.

Article 34 When a state-owned forestry enterprise or institution applies for a felling permit, it must submit a cutting area survey and design document. When other units apply for a logging permit, they must submit documents concerning the purpose, location, forest type, forest condition, area, accumulation, method, and renewal measures of the logging.

For units that do not comply with the regulations in the cutting area, the department issuing the cutting license has the right to confiscate the cutting license and suspend their logging until it is corrected.

Article 35 Units or individuals that harvest trees must follow  Complete the reforestation task according to the area, number of trees, tree species, and time limit specified in the logging permit, and the area and number of trees for reforestation shall not be less than the area and number of trees that are harvested.

Article 36 The management and supervision and management of timber in forest areas shall be separately formulated by the State Council.

Article 37 To transport timber from a forest area, one must hold a transportation certificate issued by the competent forestry authority, except for timber that is uniformly allocated by the state.

　　 After obtaining a logging permit in accordance with the law, when timber harvested in accordance with the provisions of the permit is transported out of the forest area, the forestry authority shall issue a transport certificate.

With the approval of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government, timber inspection stations may be established in forest areas to be responsible for inspecting timber transportation. The timber inspection station shall have the right to stop the transportation of timber without obtaining a transportation certificate or an allocation notice issued by the competent department of materials.

Article 38 The state prohibits and restricts the export of precious trees and their products and derivatives. The list of precious trees and their products and derivatives that are prohibited or restricted from exporting and the total annual restricted export volume shall be formulated by the competent forestry department of the State Council in conjunction with relevant departments of the State Council and submitted to the State Council for approval.

The export of precious trees or their products or derivatives that are restricted in the preceding paragraph must be reviewed by the forestry authority of the people’s government of the province, autonomous region, or municipality where the exporter is located, and reported to the forestry authority of the State Council for approval. The customs shall rely on the approval document of the forestry authority of the State Council. Let go. If the imported or exported trees or their products or derivatives belong to the endangered species that are restricted by the international conventions that China participates in, they must apply to the national endangered species import and export management agency for a certificate of import and export permission, and the customs shall use the certificate of import and export permission Let go.

                              Chapter VI Legal Responsibilities

Article 39 If the forest or other forest trees are capitalized, the losses shall be compensated in accordance with the law; the competent forestry authority shall order the replanting of trees dozens of times the capital harvested, confiscate the illegally felled trees or the proceeds from the sale, and impose three times the value of the illegally felled trees. More than ten times the fine.

　　Indiscriminate logging of forests or other forest trees, the competent forestry authority shall order the replanting of trees five times the number of indiscriminately felled trees, and impose a fine of two to five times the value of the indiscriminate logging.

　　 If the replanting of trees is refused or the replanting does not comply with the relevant state regulations, the forestry authority shall replant the trees on their behalf, and the required expenses shall be paid by the offender.

If illegal logging, deforestation or other forest trees constitutes a crime, criminal responsibility shall be investigated in accordance with the law.

Article 40 Anyone who violates the provisions of this law by illegally felling or destroying precious trees shall be investigated for criminal responsibility in accordance with the law.

Article 41 In violation of the provisions of this Law, if a forest felling permit is issued in excess of the approved annual felling quota or a forest felling permit, timber transportation certificate, export approval document, or import and export permit certificate is issued in excess of its powers, the higher-level people shall The forestry authorities of the government shall order corrections and impose administrative sanctions on the directly responsible persons in charge and other persons directly responsible according to law; if the forestry authorities of the relevant people’s governments fail to make corrections, the forestry authorities of the State Council may directly deal with them; if a crime is constituted, criminal responsibility shall be investigated according to law .

Article 42 In violation of the provisions of this law, anyone who buys and sells forest logging permits, timber transportation certificates, export approval documents, and import and export permit certificates shall be confiscated by the competent forestry authority for the certificates, documents, and illegal proceeds of the illegal sale, and the illegal sale shall be imposed. A fine of more than one time but less than three times the price of certificates and documents; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law.

Forgery of forest logging permits, timber transportation certificates, export approval documents, or import and export permit certificates shall be investigated for criminal responsibility in accordance with the law.

Article 43: In case of illegally purchasing forest trees that are known to be illegal logging or indiscriminate logging in a forest area, the competent forestry authority shall order the illegal activities to cease, confiscate the illegally purchased illegal logging, indiscriminate logging, or the proceeds of sale, and may also impose illegal purchases. A fine of more than one time but less than three times the price of the forest tree; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law.

Article 44 Anyone who violates the provisions of this law by conducting reclamation, quarrying, sand mining, soil mining, seed collection, grease extraction and other activities that cause the destruction of forests and trees shall be compensated according to law; the competent forestry authority shall order the stop of the illegal acts , Replanting trees with more than one time and less than three times the number of damaged trees may be fined more than one time and less than five times the value of the damaged trees.

In violation of the provisions of this Law, cutting firewood or grazing in young forests and special-purpose forests, causing damage to forests and trees, shall be compensated according to law; the competent forestry authority shall order the stop of illegal activities and replant trees with more than one and three times the number of destroyed trees .

If the replanting of trees is refused or the replanting does not comply with the relevant state regulations, the competent forestry authority shall replant the trees on their behalf, and the necessary expenses shall be paid by the offender.

Article 45 If the unit or individual that fell forest trees fails to complete the reforestation task in accordance with the regulations, the department that issued the felling permit has the right not to issue the felling permit until the task of reforestation is completed; if the circumstances are serious, the forestry The competent department shall impose a fine, and the directly responsible person shall be given administrative sanctions by the unit or the higher-level competent authority.

Article 46: Staff members of forestry authorities engaged in forest resource protection and forestry supervision and management and relevant staff members of other state agencies who abuse their powers, neglect their duties, or engage in malpractice for personal gains, and constitute a crime, shall be investigated for criminal responsibility according to law; Anyone who commits a crime shall be given administrative sanctions in accordance with the law.

Chapter VII Supplementary Provisions

Article 47 The competent forestry department of the State Council shall formulate implementation measures in accordance with this Law, which shall be submitted to the State Council for approval and implementation.

Article 48: Where the provisions of this law cannot be fully applied to ethnic autonomous areas, the organs of self-government may, in accordance with the principles of this law and in light of the characteristics of ethnic autonomous areas, formulate modifications or supplementary provisions, and report to the province, autonomous region or the National People’s Congress in accordance with legal procedures. The Standing Committee approved the implementation.

Article 49 This Law shall come into force on January 1, 1985.