Measures for the Administration of Forest Land Ownership Registration

Regulations for the Registration and Management of Ownership of Forest Trees and Forest Land

2006-7-3

Article 1 In order to regulate the registration of the ownership or use rights of forests, forest trees and forest land (hereinafter referred to as forest rights), these Measures are formulated in accordance with the "Forest Law of the People's Republic of China" and its implementation regulations.

Article 2 The competent forestry authorities at or above the county level shall perform forest rights registration duties in accordance with the law. Forest ownership registration includes initial, alteration and cancellation registration.

Article 3 The owner of forest rights refers to the owner of the ownership or use rights of forests, trees and forest lands.

Article 4 If the owner of forest rights is an individual, he or his legal representative or authorized agent shall file an application for forest rights registration; if the owner of forest rights is a legal person or other organization, the legal representative, person in charge or authorized agent shall be People filed an application for forest tenure registration.

Article 5 The owner of forest rights shall file an application for registration in accordance with the provisions of the Forest Law and its implementation regulations, and submit the following documents:

(1) Application form for forest right registration;

(2) Personal identity certificate, qualification certificate of legal person or other organization, identity certificate of legal representative or person in charge, identity certificate of legal agent or entrusted agent, and power of attorney stating entrusted matters and entrusted authority;

(3) Proof of ownership of forests, forest trees and forest lands applied for registration;

(4) Other relevant documents required by the forestry authorities of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government.

Article 6 In the event of a change in forest rights, the owner of the forest rights shall apply to the initial registration authority for registration of the change.

Article 7 Where forest land is requisitioned or occupied according to law, or the forest land is lost due to other reasons, the original forest right holder shall apply for cancellation of registration at the initial registration authority.

Article 8 When applying for alteration registration or cancellation of registration, a forest right holder shall submit the following documents:

(1) Application form for forest right registration;

(2) Forest tenure certificate;

(3) Relevant certification documents for the legal change or loss of forest rights.

Article 9 The registration authority shall conduct a preliminary review of the registration application materials submitted by the forest right holder. If the registration authority believes that the application materials submitted by the forest right holder comply with the Forest Law and its implementation regulations and the provisions of these Measures, it shall be accepted; if it believes that it does not conform to the provisions, it shall explain the reasons for not accepting the application or request the forest right holder to supplement the materials.

Article 10 The registration authority shall, within 10 working days from the date of acceptance of the registration application that has been accepted, make an announcement in the location of the forest, woods and woodland. The announcement period is 30 days.

Article 11 For a registration application that meets all the following conditions upon examination, the registration authority shall register it within 3 months from the date of accepting the application:

(1) The data such as the location, four-thest limit, forest type, area or number of forests, trees, and forest lands applied for registration are accurate;

(2) The forest rights certification materials are legal and valid;

(3) No ownership dispute;

(4) The boundary stakes and obvious landmarks indicated in the attached drawings are consistent with the actual site.

Article 12 The registration authority shall refuse to register an application for registration that does not meet the registration requirements specified in Article 11 of these Measures. During the announcement period, if relevant interested parties raise objections to the registration application, the registration authority shall investigate and verify the objections raised. If the objection raised by the relevant interested party is indeed legal and valid, the registration authority shall not register the application for registration.

Article 13 Regarding an application for non-registration, the registration authority shall notify the forest right holder who submitted the registration application of the reasons for non-registration in writing.

Article 14 For applications that have been reviewed and approved by the registration authority for registration, the forest tenure certificate shall be issued in a timely manner.

Article 15 In accordance with the provisions of the Forest Law and its implementation regulations, if the competent forestry authority of the State Council or the people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government and the people’s governments of cities and autonomous prefectures divided into districts issue forest tenure certificates, the registration authority shall review the issuance of forest tenure certificates Notify the relevant local people's government.

Article 16 The forestry authority under the State Council shall uniformly stipulate the format of forest tenure certificates and designate manufacturers to print them.

Article 17 If it is discovered that the forest tenure certificate is wrong, omitted to be registered, or lost or damaged, the relevant forest tenure right holder may apply to the original forest tenure registration authority for correction or replacement.

Article 18 The registration authority shall be equipped with full-time (part-time) personnel and necessary facilities to establish forest tenure registration files.

Article 19 The registration files shall include the following main materials:

(1) The application materials specified in Article 5 of these Measures;

(2) Forest rights registration account;

(3) The objection materials and the investigation materials and review opinions of the registration authority involved in the second paragraph of Article 12 of these Measures;

(4) Other relevant charts, data and other documents.

Article 20 The registration authority shall make public registration files and accept public inquiries.

Article 21 The registration authority of the provincial-level forestry authority shall collect statistics on the issuance, renewal, and alteration of the forest tenure certificate in the current year, and report it to the forestry authority of the State Council in January of the following year.

Article 22 The State Forestry Administration is responsible for the interpretation of these measures.

Article 23 These Measures shall come into force on the date of promulgation.