Forest Law of the People's Republic of China (Revised in 2019)

date:2020-01-23release:本站views:23

Contents

 

Chapter I General Provisions

Chapter II Forest Rights

Chapter III Development Plans

Chapter IV Forest Protection

Chapter V Afforestation and Greening

Chapter VI Operations and Management

Chapter VII Supervisory Inspection

Chapter VIII Legal Liability

Chapter IX Supplemental Provisions

 

Chapter I General Provisions

Article 1 This Law is enacted for the purposes of implementing the concept that lucid waters and lush mountains are invaluable assets, protecting, cultivating, and reasonably utilizing forest resources, accelerating land greening, protecting forest ecological security, building ecological civilization, and achieving the harmonious coexistence of humanity and nature.

Article 2 This Law shall apply to the protection, cultivation, and utilization of forests and trees and the operations and management activities of forest, trees, and woodlands conducted in the territory of the People's Republic of China.

Article 3 Forest resources shall be protected, cultivated, and utilized in such a manner as to respect and conform with nature, in adherence to the principles of according top priority to the ecology and protection, combining protection with cultivation, and sustainable development.

Article 4 The state shall implement an objective responsibility system and an evaluation and assessment system for the protection and development of forest resources. Higher people's governments shall evaluate the completion status of the objectives of the protection and development of forest resources, forest fire prevention, and major forest pest control by lower people's governments and publicly disclose the evaluation results.

Local people's governments may establish a forest director system as needed for the protection and development of forest resources in their respective administrative areas.

Article 5 The state shall adopt fiscal, tax, financial, and other measures to support the protection and development of forest resources. People's governments at all levels shall guarantee investment in the protection and restoration of the forest ecology and promote forestry development.

Article 6 The state shall, with the aim of developing a stable, sound, fine, and efficient forest ecosystem, implement operations and management by classifications of public welfare forests and commercial forests, highlight leading functions, exert multiple functions, and achieve the sustainable utilization of forest resources.

Article 7 The state shall establish a forest ecological benefit compensation system, increase the support for the protection of public welfare forests, improve the transfer payment policy for key ecological functional zones, and guide the people's governments in beneficiary areas and forest ecological protection areas in making ecological benefit compensation by consultation or otherwise.

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

Article 9 The forestry department of the State Council shall be in charge of the national forestry work. The forestry departments of local people's governments at or above the county level shall be in charge of the forestry work in their respective administrative areas.

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

Article 10 Afforestation and forest protection are the obligations of citizens. People's governments at all levels shall organize and conduct voluntary tree planting campaigns among the whole people.

Tree Planting Day falls on March 12 every year.

Article 11 The state shall adopt measures to encourage and support scientific research on forestry and promote advanced and applicable forestry technologies, so as to improve the level of forestry science and technology.

Article 12 People's governments at all levels shall strengthen publicity, education, and dissemination of knowledge about the protection of forest resources and support autonomous people's organizations at primary level, news media, forestry enterprises and public institutions, and volunteers, among others, in conducting forest resource protection publicity campaigns.

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

Article 13 Any organization or individual that has made outstanding achievements in afforestation and greening, forest protection, agricultural operations related to and management of forests, and scientific research on forestry shall be commended and rewarded in accordance with the relevant provisions issued by the state.

 

Chapter II Forest Rights

Article 14 Forest resources belong to the state, except those that are collectively owned under the law.

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

Article 15 For ownership and rights to use of woodlands and forests and trees thereon, the real property registration authorities shall uniformly make registration and records and issue certificates. For the forests, trees, and woodlands in state key forest areas (hereinafter referred to as the “key forest areas”) determined by the State Council, the natural resources department of the State Council shall be responsible for registration.

The lawful rights and interests of the owners and users of forests, trees, and woodlands shall be protected by law, without being violated by any organization or individual.

The owners and users of forests, trees, and woodlands shall lawfully protect and reasonably utilize forests, trees, and woodlands in accordance with the law and neither illegally change the use of woodlands nor destroy forests, trees, and woodlands.

Article 16 State woodlands and the forests and trees thereon may be so determined by law as to be used by forest operators. Rights to use state woodlands and the forests and trees thereon acquired by forest operators in accordance with the law may be transferred, leased, and contributed to capital at appraised value, among others, with approval. Specific measures shall be formulated by the State Council.

Forest operators shall perform their obligations to protect and cultivate forest resources, ensure the stable growth of state forest resources, and improve the ecological functions of forests.

Article 17 Where woodlands owned collectively or owned by the state and used by farmers collectively under the law (hereinafter referred to as the “collective woodlands”) are subject to a conventional usufruct for agricultural operations, the contractor shall enjoy a conventional usufruct on woodlands for agricultural operations and ownership of the trees on the woodlands subject to the conventional usufruct, unless otherwise provided by contract. The contractor may circulate his or her usufruct on the woodlands and ownership and rights to use of the trees by leasing (subcontracting), in payment for shares, by transfer, or otherwise, according to the law.

Article 18 For collective woodlands not under a conventional usufruct for agricultural operations and the trees thereon, the rural collective economic organization shall organize operations in a unified manner. With the consent of more than two-thirds of the members of the villagers' meeting of the members of the collective economic organization or two-thirds of villagers' representatives, the usufruct on the woodlands and ownership and rights to use of the trees may be circulated according to the law by bidding, auction, public consultation, and other means.

Article 19 For the circulation of a usufruct on collective woodlands, a written contract shall be signed. A contract for the circulation of a usufruct on woodlands generally contains the rights and obligations of the parties to the circulation, period of circulation, price of circulation and methods of payment, disposition of trees and fixed production facilities on the woodlands at the expiry of the period of circulation, liability for breach of contract, and other contents.

If a transferee violates the law or the contract, causing serious damage to the forests, trees, or woodlands, the landowner or contractor shall have the right to recover the usufruct on the woodlands.

Article 20 For the trees planted by state-owned enterprises, public institutions, government agencies, groups, and the military, the planting entities shall conduct management and protection and control the income generated by the trees in accordance with the provisions issued by the state.

The trees planted by rural residents around their buildings and on plots of cropland and hilly land allotted for private use belong to the individuals. The trees planted by urban residents in the courtyards of their own buildings belong to the individuals.

The trees planted in barren hills, land, and beaches fit for forests, owned collectively or by the state, under a contract awarded to a collective or an individual belong to the collective or individual, unless otherwise provided by contract.

The trees planted by any other organization or individual belong to the planter, and the planter shall enjoy the income generated by the trees, unless otherwise provided by contract.

Article 21 Where the expropriation or requisition of woodlands and trees are compellingly entailed by the public interest such as ecological protection and infrastructure construction, approval procedures shall be completed in accordance with the laws and administrative regulations such as the Land Administration Law of the People's Republic of China, and equitable and reasonable compensation shall be made.

Article 22 Any dispute over ownership and rights to use of trees and woodlands between entities shall be handled by the people's government at or above the county level in accordance with the law.

Any dispute over ownership and rights to use of trees and woodlands between individuals or between an individual and an entity shall be handled by the township people's government or the people's government at or above the county level in accordance with the law.

Any party dissatisfied with the handling decision of the relevant people's government may sue in a people's court within 30 days of receiving the notice of the handling decision.

If a dispute over the rights to trees and woodlands is pending, neither party may log the trees in dispute or change the status of the woodlands, except as needed for forest fire prevention, forest pest control, and major national infrastructure construction, among others.

 

Chapter III Development Plans

Article 23 People's governments at or above the county level shall incorporate the protection of forest resources and forestry development into their national economic and social development plans.

Article 24 People's governments at or above the county level shall implement the requirements for spatial development and protection, reasonably plan the structure and distribution of the protection and utilization of forest resources, formulate goals of the protection and development of forest resources, increase forest coverage and accumulation, and improve the quality and stability of forest ecosystems.

Article 25 The forestry departments of people's governments at or above the county level shall prepare forestry development plans in accordance with the goals of the protection and development of forest resources. A lower forestry development plan shall be prepared in accordance with a higher forestry development plan.

Article 26 The forestry departments of people's governments at or above the county level may prepare special plans in relation to the protection and utilization of woodlands, afforestation and greening, forest operations, protection of natural forests, and the like, in light of local actual circumstances.

Article 27 The state shall establish a forest resources survey and monitoring system to survey, monitor, assess, and regularly release the status and changes of forest resources nationwide.

 

Chapter IV Forest Protection

Article 28 The state shall strengthen the protection of forest resources and exert the various functions of forests such as water storage and soil conservation, climate regulation, environmental improvement, biodiversity protection, and provision of forest products.

Article 29 Central and local finance authorities shall separately arrange funds for the planting, tending, protection, and management of public welfare forests and financial compensation payable to holders of rights to non-state public welfare forests and grant the funds for the designated use. The specific measures shall be formulated by the finance department of the State Council in conjunction with the forestry department.

Article 30 The state shall support the transformation and development of key forest areas and the protection and restoration of forest resources, improve production and living conditions, and promote the economic and social development of the regions where they are located. Key forest areas shall enjoy policies such as transfer payments for key national ecological functional areas as required.

Article 31 The state shall establish a system of protected areas with national parks as its mainstay in typical forest ecological areas in different natural areas, forest areas where precious animals and plants grow and reproduce, natural tropical rain forest areas, and other natural forest areas of special protection value, so as to strengthen protection and management.

The state shall support the protection and restoration of forest resources in ecologically fragile areas.

People's governments at or above the county level shall adopt measures to protect wild floral resources with special values.

Article 32 The state shall implement a comprehensive protection system for natural forests, strictly limit the logging of natural forests, strengthen the building of capabilities to manage and protect natural forests, protect and restore natural forest resources, and gradually improve the ecological functions of natural forests. Specific measures shall be developed by the State Council.

Article 33 Local people's governments at all levels shall arrange for their relevant departments to establish forest protection organizations responsible for forest protection work; construct forest protection facilities as actually needed and strengthen protection of forest resources; and urge relevant organizations to conclude forest protection conventions, arrange for the members of the public to protect forests, delineate forest protection responsibility areas, and appoint full-time and part-time forest rangers.

People's governments at the county or township level may employ forest rangers, whose main duties are to patrol forests and discover, promptly action, and report to local forestry and other relevant authorities fires and forest pests.

Article 34 Local people's governments at all levels shall be responsible for the forest fire prevention work in their respective administrative areas and bring people's prevention into play; and people's governments at or above the county level shall arrange for and lead emergency management, forestry, public security, and other departments to closely cooperate in effectively conducting the scientific prevention, fighting, and disposal of forest fires in accordance with the division of functions:

(1) Organizing forest fire prevention publicity campaigns to disseminate knowledge about forest fire prevention.

(2) Delimiting forest fire protection zones and prescribing forest fire prevention periods.

(3) Building fire prevention facilities equipped with fire prevention equipment and materials.

(4) Establishing a forest fire monitoring and early warning system to eliminate hidden risks in a timely manner.

(5) Developing an emergency plan for forest fires so as to immediately organize a fire fighting if a forest fire occurs.

(6) Guaranteeing funds required to prevent and fight forest fires.

The national comprehensive fire protection and rescue force shall be responsible for the forest fire fighting and rescue tasks and prevention-related work as prescribed by the state.

Article 35 The forestry departments of people's governments at or above the county level shall be responsible for the monitoring, quarantine, and prevention and control of forest pests in their respective administrative areas.

The forestry departments of people's governments at or above the provincial level shall be responsible for determining quarantine pests of forest plants and their products and delineating epidemic areas and protected areas.

The prevention and control of major forest pest disasters shall be under the local people's government responsibility system. In the event of an epidemic, hazardous, or other major forest pest disaster, the local people's government shall promptly organize its eradication.

A forest operator shall, with the support and guidance of the government, prevent and control forest pests within the scope of its operations and management.

Article 36 The state shall protect woodlands, strictly control the conversion of woodlands to non-woodlands, control total woodland occupation, so as to ensure that the quantity of woodlands is not in decline. The woodlands occupied by various construction projects shall not exceed the total woodland occupation control quota on the administrative area.

Article 37 Mineral exploration, mining, and other project constructions shall occupy no or minimum woodlands; and if occupying woodlands is compellingly necessary, the approval of the forestry department of the people's government at or above the county level shall be obtained, and the approval procedures for construction land shall be initiated according to the law.

An entity occupying woodlands shall pay forest restoration fees. Measures for the administration of the collection and use of forest restoration fees shall be formulated by the finance department of the State Council in conjunction with the forestry department.

The forestry departments of people's governments at or above the county level shall so arrange afforestation and forest restoration as required as to enable the area of afforestation not to be less than the decrease in the area of forests as a result of the occupation of woodlands. Higher forestry authorities shall regularly urge lower forestry authorities to organize afforestation and forest restoration and conduct inspections.

Article 38 Where the temporary use of woodlands is required, the approval of the forestry department of the people's government at or above the county level shall be obtained; and the period of temporary use of woodlands shall generally not exceed two years, and no permanent building may be constructed on the woodland in temporary use.

Within one year after the expiration of the temporary use of woodlands, the land user entity or individual shall restore vegetation and forestry production conditions.

Article 39 Deforestation and reclamation, quarrying, sand quarrying, soil excavation, and other acts of destroying trees and woodlands shall be prohibited.

Discharging into woodlands sewage and sludge containing heavy metals or other toxic and hazardous substances in excess of standards and dredged sediment, tailings, slag, and the like that may cause pollution to the woodlands shall be prohibited.

The harvest of firewood, destruction of seedlings, and grazing in young forests shall be prohibited.

Moving or damaging forest protection signs without authorization shall be prohibited.

Article 40 The state shall protect ancient, famous, and precious trees. Destroying ancient, famous, and precious trees and their natural environment shall be prohibited.

Article 41 People's governments at all levels shall strengthen the construction of forestry infrastructure and apply advanced and applicable scientific and technological means, so as to improve their capabilities for forest fire prevention, prevention and control of forest pests, and other forest management and protection.

All relevant entities shall strengthen forest management and protection. State-owned forestry enterprises and public institutions shall increase investment, strengthen forest fire prevention and the prevention and control of forest pests, and prevent and stop damage to forest resources.

 

Chapter V Afforestation and Greening

Article 42 The state shall coordinate urban and rural afforestation and greening, launch large-scale land greening actions, green and beautify urban and rural areas, boost the construction of forest cities, promote rural revitalization, and build a beautiful homeland.

Article 43 People's governments at all levels shall organize afforestation and greening across the spectrum of industries and among urban and rural residents.

Barren hills, land, and beaches fit for forests shall be afforested and greened as organized by the forestry departments and other relevant competent departments of people's governments at or above the county level, if owned by the state, or by collective economic organizations, if collectively owned.

For urban planning areas, both sides of railways and highways, both sides of rivers, and the vicinity of lakes and reservoirs, the relevant competent authorities shall organize afforestation and greening according to the relevant provisions, in light of local conditions; and for industrial and mining areas, industrial parks, government agencies, land for school use, barracks, farms, ranches, and fisheries, the respective entities shall be responsible for afforestation and greening. Specific measures for organizing urban afforestation and greening shall be formulated by the State Council.

Barren hills, land, and beaches fit for forests owned by the state or collectively may be afforested and greened by entities or individuals on a contract basis.

Article 44 The state shall encourage citizens to participate in afforestation and greening by planting trees, tending, management, protection, funding afforestation and cultivation, or otherwise.

Article 45 People's governments at all levels, when organizing afforestation and greening, shall scientifically make plans, adapt to local conditions, optimize the structure of forest classifications and tree varieties, encourage the use of native tree varieties and superior tree varieties, create mixed forests, and improve the quality of afforestation and greening.

A wholly or mainly state-invested afforestation and greening project shall use superior tree varieties in accordance with the provisions issued by the state.

Article 46 People's governments at all levels shall adopt measures focusing on natural restoration, combining natural restoration with artificial restoration, and scientifically protect and restore forest ecosystems. For newly planted young forests and other places where mountains shall be closed to cultivate forests shall be so closed by the local people's governments.

People's governments at all levels shall systematically organize the implementation of restoration of arable land to woodlands and grasslands in respect of arable land requiring ecological restoration as determined by the State Council such as sloping arable land, severely desertified arable land, arable land facing severe rocky desertification, and heavily polluted arable land.

People's governments at all levels shall implement forest ecological restoration projects and restore vegetation in respect of natural factors-induced deserted and damaged mountains, degraded woodlands, and barren hills, land, and beaches fit for forests.

 

Chapter VI Operations and Management

Article 47 The state shall, as needed for ecological protection, designate woodlands in an important forest ecological location or ecologically fragile, mainly intended to produce ecological benefits, and the forests thereon as public welfare forests. Woodlands and the forests thereon not so designated shall be commercial forests.

Article 48 Public welfare forests shall be designated and released by the State Council and the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government.

Woodlands and the forests thereon in the following areas shall be designated as public welfare forests:

(1) The catchment area of the headwaters of important rivers.

(2) Protected areas on both sides of the stems and tributaries of important rivers and in drinking water sources.

(3) The vicinity of important wetlands and reservoirs.

(4) Nature reserves for forests and terrestrial wildlife.

(5) The backbone of wind protection and dune stabilization forests in areas facing severe desertification and soil erosion.

(6) The backbone of coastal shelterbelts.

(7) Undeveloped primary forest areas.

(8) Areas otherwise required to be designated.

If the designation as public welfare forests relates to non-state woodlands, a written agreement shall be concluded with the right holder, with reasonable compensation being made.

Any adjustment to public welfare forests shall be subject to the approval of the original designating authority and be released.

Measures for the designation as and administration of national public welfare forests shall be formulated by the State Council; and measures for the designation as and administration of local public welfare forests shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

Article 49 The state shall provide strict protection for public welfare forests.

The forestry departments of people's governments at or above the county level shall systematically arrange for public welfare forest operators to adopt stand improvement, tending, and other measures for low-quality and low-benefit public welfare forests with trivial ecological functions such as sparse forests and non-conforming forests, so as to improve the quality and ecological protection functions of public welfare forests.

Under the premise of meeting the ecological location protection requirements for public welfare forests and not affecting the ecological functions of public welfare forests, upon scientific justification, the woodland resources and landscape resources of public welfare forests may be reasonably used to moderately develop forest farming and forest tourism, among others. The use of public welfare forests to carry out the above activities shall be in strict accordance with the relevant provisions issued by the state.

Article 50 The state shall encourage the development of the following commercial forests:

(1) Forests mainly intended to produce timber.

(2) Forests mainly intended to produce forest products such as fruits, oil, beverages, spices, industrial raw materials, and medicinal materials.

(3) Forests mainly intended to produce fuel and other biomass energy.

(4) Other forests mainly intended to produce economic benefits.

The state shall, under the premise of ensuring ecological security, encourage the construction of fast-growing, high-yield, and precious tree varieties and large-diameter timber forests so as to increase timber reserves and ensure the security of timber supply.

Article 51 Commercial forests shall be placed under the independent operations by forest operators in accordance with the law. Without prejudice to the ecology, intensive operating measures may be adopted to reasonably use forests, trees, and woodlands and improve the economic benefits of commercial forests.

Article 52 For the construction of any of the following engineering facilities on woodlands directly serving forestry production and operations, if the standards required by the relevant state departments are met, the approval of the forestry department of the people's government at or above the county level shall be obtained, without approval procedures for construction land being required to be initiated; and if woodlands are occupied in excess of the needs of the standards, the approval procedures for construction land shall be initiated according to the law:

(1) Facilities for the cultivation or production of seeds or nursery stock.

(2) Facilities for the storage of seeds, nursery stock, or timber.

(3) Skidding trails, logging trails, fire protection patrol trails, and forest trails.

(4) Forestry scientific research and popular science education facilities.

(5) Facilities for wild fauna and flora protection, forest protection, prevention and control of forest pests, forest fire prevention, and timber quarantine.

(6) Water, power, heat, gas, and communication infrastructure.

(7) Other engineering facilities directly serving forestry production.

Article 53 State-owned forestry enterprises and public institutions shall prepare forest operation plans, specify operating measures for the cultivation, management, and protection of forests, and implement the measures with the approval of the forestry departments of people's governments at or above the county level. The forest operation plans for key forest areas shall be implemented with the approval of the forestry department of the State Council.

The state shall support and guide other forest operators in preparing forest operation plans.

Specific measures for the preparation of forest operation plans shall be formulated by the forestry department of the State Council.

Article 54 The state shall strictly control annual forest harvest. The forestry departments of people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall prepare annual harvest quotas for their respective administrative areas based on the principles of consumption lower than growth and operations and management by forest classification, request comments from the forestry department of the State Council, release and implement the quotas with the approval the people's governments at the same level, and file the quotas with the State Council. The annual harvest quotas for key forest areas shall be prepared by the forestry department of the State Council and released and implemented with the approval of the State Council.

Article 55 Forests and trees shall be harvested in according with the following provisions:

(1) Public welfare forests may be harvested only for tending, regeneration, and improvement of low-quality and low-benefit forests, or as entailed by scientific research or experiments, prevention and control of forest pests, construction of forest fire prevention facilities, construction of biological firebreaks, and natural disasters, among others.

(2) For commercial forests, different harvest methods shall be adopted based on different circumstances, the area of clearcutting shall be strictly controlled, and harvest and tending shall be concurrently planned and implemented.

(3) The harvest of trees in nature reserves shall be prohibited. An exception is made for bamboo forests that must be harvested because of special circumstances such as prevention and control of forest pests, forest fire prevention, maintenance of the living environment of main protected objects, and natural disasters and that are located in experimental zones.

The forestry departments of people's governments at or above the provincial level shall formulate corresponding technical protocols on tree harvest, in accordance with the provisions of the preceding paragraph, in accordance with principles such as operation and management by forest classifications, giving priority to protection, and emphasis on efficiency and benefits.

Article 56 For the harvest of the trees on woodlands, an application shall be made for a harvest permit, and the harvest shall be gathered as required by the harvest permit; and for the harvest of bamboo forests outside nature reserves, a harvest permit is not required, but the technical protocols on harvest shall be met.

A rural resident that is to harvest the sporadic trees on the plots of cropland allotted for his or her private use and in the vicinity of his or her building is not required to apply for a harvest permit.

The regeneration harvest of farmland protection forests, wind protection and dune stabilization forests, road protection forests, bank and dike protection forests, and urban trees, among others, on non-woodlands shall be managed by relevant competent authorities in accordance with relevant provisions.

The transplantation of trees shall be managed as the harvest of trees. Specific measures shall be formulated by the forestry department of the State Council.

Forging, altering, trading, and leasing a harvest permit shall be prohibited.

Article 57 Harvest permits shall be issued by the forestry departments of people's governments at or above the county level.

The forestry departments of people's governments at or above the county level shall adopt measures to facilitate applicants in applying for logging permits.

If a rural resident is to harvest the trees on the plots of hilly land allotted for his or her private use and on collective woodlands under a contract awarded to the individual, the forestry department of the people's government at county level or the township people's government entrusted by it shall issue a harvest permit.

Article 58 For an application for a harvest permit, materials concerning harvest location, forest classification, tree variety, area, accumulation, method, regeneration measures, forest rights, and other content shall be submitted. If the area or accumulation specified by the forestry department of the people's government at or above the provincial level is exceeded, survey and design materials for the harvest zone shall also submitted.

Article 59 Where the technical protocols on tree harvest are met, the authority in charge of approval and issuing harvest permits shall promptly issue a harvest permit, to the extent of the annual harvest quota.

Article 60 Under any of the following circumstances, no harvest permit may be issued:

(1) Harvesting trees during the period and area of closing mountains to cultivate forests.

(2) Having not completed forest regeneration tasks as required since the harvest in the previous year.

(3) Having not adopted prevention and improvement measures since a major deforestation case, forest fire, or forest pest disaster took place in the previous year.

(4) Circumstances otherwise prohibiting harvest as specified by the laws, regulations, and the forestry department of the State Council.

Article 61 Organizations and individuals that harvest trees shall complete forest regeneration in accordance with relevant provisions. The area of forest regeneration shall not be less than the area of harvest, and the forest regeneration shall meet the standards as set forth in the relevant technical protocols.

Article 62 The state shall, through interest subsidies, subsidies for stockpiling forest rights as collateral, and other measures, encourage and direct financial institutions to conduct forest-related mortgage loans, fiduciary loans to forest farmers, and other credit business in line with the characteristics of forestry and support forest rights stockpiling institutions in stockpiling forest rights as collateral in a market-oriented manner.

Article 63 The state shall support the development of forest insurance. People's governments at or above the county level shall provide forest insurance premium subsidies according to the law.

Article 64 A forestry operator may voluntarily apply for forest certification to promote the improvement of forest operations and its continuance as a going concern.

Article 65 A timber distribution and processing enterprise shall establish a journal of receipt and shipment of raw materials and products. No entity or individual may buy, process, and transport trees in the knowledge that they are from illegal sources such as theft or deforestation.

 

Chapter VII Supervisory Inspection

Article 66 The forestry departments of people's governments at or above the county level shall, in accordance with the provisions of this Law, conduct supervisory inspection of the protection, restoration, utilization, and regeneration of forest resources and investigate and punish illegal acts such as destruction of forest resources in accordance with the law.

Article 67 The forestry departments of people's governments at or above the county level shall perform the duty to conduct supervisory inspection of the protection of forest resources and have the power to adopt the following measures:

(1) Conducting on-site inspection of production and operation premises.

(2) Inspecting and copying relevant documents and materials and seizing documents and materials that may be transferred, destroyed, concealed, or tampered with.

(3) Seizing and detaining trees from illegal sources as evidenced and tools, equipment, or property intended for activities that destroy forest resources.

(4) Seizing sites related to activities that destroy forest resources.

For a region where the protection and development of forest resources are ineffective, problems are outstanding, and the public intensively complain, the forestry department of the people's government at or above the provincial level may interview the persons in charge of the people's governments at or above the county level and their relevant departments in the region and require them to adopt measures and take corrective action in a timely manner. The information on the interview and corrective action shall be disclosed to the public.

Article 68 Where the destruction of forest resources causes ecological and environmental damage, the natural resources department and forestry department of the people's government at or above the county level may sue in a people's court in accordance with the law and require damages from the tortfeasor.

Article 69 Audit authorities shall conduct audit supervision of state forest resource assets in accordance with the relevant provisions issued by the state.

 

Chapter VIII Legal Liability

Article 70 Where the forestry department of any people's government at or above the county level or any other relevant state agency fails to perform its duties in accordance with the provisions of this Law, disciplinary action shall be taken against the directly liable person in charge and other directly liable persons according to the law.

If a decision on administrative punishment is not made despite that this Law so requires, the higher competent authority shall have the power to order the lower competent authority to make a decision on administrative punishment or directly impose administrative punishment.

Article 71 Where, in violation of the provisions of this Law, the lawful rights and interests of an owner or user of forests, trees, or woodlands are infringed upon, the violator shall be subject to tort liability in accordance with the law.

Article 72 Where, in violation of the provisions of this Law, a state-owned forestry enterprise or public institution fails to perform its obligation to protect and cultivate forest resources, prepare a forest operation plan, or conduct forest operation activities in accordance with an approved forest operation plan, the forestry department of the people's government at or above the county level shall order corrective action to be taken within a specified period and take disciplinary action against the directly liable person in charge and other directly liable persons according to the law.

Article 73 Where the use of woodlands is changed, in violation of the provisions of this Law, without the approval of the forestry department of the people's government at or above the county level, the forestry department of the people's government at or above the county level shall order the restoration of vegetation and forestry production conditions within a specified period, and may impose a fine of not more than three times the cost of the restoration.

When the forestry department of the people's government at or above the county level has granted approval, if woodlands are occupied without the approval procedures for construction land being initiated, punishment shall be imposed in accordance with the relevant provisions of the Land Administration Law of the People's Republic of China.

If a permanent building is constructed on woodlands in temporary use, or vegetation or forestry production conditions fail to be restored within one year after the expiration of the temporary use of woodlands, punishment shall be imposed in accordance with paragraph 1 of this article.

Article 74 Where reclamation, quarrying, sand quarrying, soil excavation, or other activities are conducted in violation of the provisions of this Law, causing damage to trees, the forestry department of the people's government at or above the county level shall order the illegal act to be ceased and trees of not less than one time nor more than three times the trees damaged to be replanted in the original or another place within a specified period, and may impose a fine of not more than five times the value of the trees damaged; and if damage is caused to woodlands, the forestry department of the people's government at or above the county level shall order to the illegal act to be ceased and vegetation and forestry to be restored within a specified period, and may impose a fine of not more than three times the cost of the restoration.

If damage is caused to trees by harvesting firewood, destroying seedlings, or grazing in young woodlands in violation of the provisions of this Law, the forestry department of the people's government at or above the county level shall order the illegal act to be ceased and trees of not less than one time nor more than three times the trees damaged to be replanted in the original or another place within a specified period.

If sewage and sludge containing heavy metals or other toxic and hazardous substances in excess of standards and dredged sediment, tailings, slag, and the like that may cause pollution to woodlands are discharged into woodlands, punishment shall be imposed in accordance with the relevant provisions of the Soil Pollution Prevention and Control Law of the People's Republic of China.

Article 75 Where a forest protection sign is moved or destroyed in violation of the provisions of this Law, the forestry department of the people's government at or above the county level shall restore the forest protection sign at the expense of the violator.

Article 76 Where trees are stolen, the forestry department of the people's government at or above the county level shall order trees of not less than one time nor more than five times the trees stolen to be replanted in the original or another place within the specified period, in addition to a fine of not less than five times nor more than ten times the value of the trees stolen.

In the case of deforestation, the forestry department of the people's government at or above the county level shall order trees of not less than one time nor more than three times the trees removed in the deforestation to be replanted in the original or another place within the specified period, and may impose a fine of not less than three times nor more than five times the value of the trees so removed.

Article 77 Where a harvest permit is forged, altered, traded, and leased in violation of the provisions of this Law, the forestry department of the people's government at or above the county level shall confiscate the permit and illegal income, in addition to a fine of not less than one time nor more than three times the illegal income; and absent illegal income, a fine of not more than 20,000 yuan may be imposed.

Article 78 Where trees are bought, processed, and transported, in violation of the provisions of this Law, in the knowledge that they are from illegal sources such as theft or deforestation, the forestry department of the people's government at or above the county level shall order the illegal acts to be ceased and confiscate the trees illegally bought, processed, and transported and the proceeds of sale, and may impose a fine of not more than three times the price of the trees illegally bought, processed, and transported.

Article 79 Where a forest regeneration task fails to be completed in violation of the provisions of this Law, the forestry department of the people's government at or above the county level shall order the task to be completed within a specified period; in the case of failure to do so, a fine of not more than two times the expense necessary for the remainder of the task may be imposed; and disciplinary action shall be taken against the directly liable person in charge and other directly liable persons according to the law.

Article 80 Where the implementation of supervisory inspection by the forestry department of any people's government at or above the county level in accordance with the law is denied or obstructed in violation of the provisions of this Law, a fine of not more than 50,000 yuan may be imposed, and if the circumstances are serious, the suspension of production and business for consolidation may be ordered.

Article 81 Where the violation of the provisions of this Law has any of the following circumstances, the forestry department of the people's government at or above the county level shall organize performance on behalf of the violator in accordance with the law at the expense of the violator:

(1) The restoration of vegetation and forestry production conditions is denied, or the restoration of vegetation and forestry production conditions lacks conformity with the relevant provisions issued by the state.

(2) Replanting trees is denied, or the replanting lacks conformity with the relevant provisions issued by the state.

The standards for restoring vegetation and forestry production conditions and replanting trees shall be formulated by the forestry departments of people's governments at or above the provincial level.

Article 82 Public security authorities may, in accordance with the relevant provisions issued by the state, exercise the power of administrative punishment prescribed in paragraph 1 of Article 74 and Articles 76, 77, and 78 of this Law.

If the violation of the provisions of this Law constitutes a violation of public security management, public security management punishment shall be imposed in accordance with the law; and if a crime is constituted, the offender shall be held criminally liable in accordance with the law.

 

Chapter IX Supplemental Provisions

Article 83 In this Law, the following terms shall have the following meaning:

(1) Forests include woody plant forests, bamboo forests, and shrub forests specified by the state. Forests may be classified according to their use as protection forests, special-purpose forests, timber forests, economic forests, and energy forests.

(2) Trees include trees and bamboo.

(3) “Woodlands” means the land for the development of forestry as designated by the plans of the people's government at or above the county level, including woody plant woodlands with a forest canopy density of not less than 0.2, bamboo woodlands, shrub woodlands, sparse woodlands, stump lands, burned areas, non-mature forestation lands, and nursery land.

Article 84 This Law shall enter into force on July 1, 2020.


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