Forest Law of the People's Republic of China

Chapter I General provisions

　　Article 1 This Law is formulated for the purpose of protecting, cultivating and rationally utilizing forest resources, speeding up the greening of national territory, bringing into play the role of forests in water and soil conservation, regulating climate, improving environment and providing forest products, and meeting the needs of socialist construction and people's livelihood。

　　Article 2 The cultivation, planting, cutting and utilization of forests and trees and the operation and management of forests, trees and woodlands within the territory of the People's Republic of China must abide by this Law。

　　Article 3 Forest resources shall be owned by the State, except those owned by collectives as stipulated by law。

　　The local people's governments at or above the county level shall register and put on record the forests, trees and woodlands owned by the state or collectively and the trees and woodlands owned by individuals and the woodlands used, and issue certificates to confirm the ownership or use right。The State Council may authorize the competent forestry department under The State Council to register and put on record the forests, trees and woodlands in the key forest areas designated by The State Council as belonging to the State, issue certificates and notify the relevant local people's governments。

　　The lawful rights and interests of the owners and users of forests, trees and woodlands shall be protected by law and may not be infringed upon by any unit or individual。

　　Article 4 Forests are divided into the following five categories:

　　(1) Shelterbelts: forests, trees and shrubs mainly for protection, including water source conservation forests, water and soil conservation forests, windbreak and sand fixation forests, farmland and pasture shelterbelts, bank protection forests and road protection forests;

　　(2) Timber forests: forests and trees mainly aimed at the production of timber, including bamboo forests mainly aimed at the production of bamboo;

　　(3) Economic forests: trees mainly used for the production of fruits, edible oils, beverages, seasonings, industrial raw materials and medicinal materials;

　　(4) Firewood forests: trees whose primary purpose is to produce fuel;

　　(5) Forests for special use: forests and trees for the main purpose of national defense, environmental protection, scientific experiments, etc., including national defense forests, experimental forests, mother forests, environmental protection forests, scenic forests, trees of scenic spots and historic sites and revolutionary memorial sites, and forests in nature reserves。

　　Article 5 The principles of general forest protection, vigorous afforestation, combination of harvesting and breeding, and sustainable utilization shall be implemented in forestry construction。

　　Article 6 The State encourages scientific research in forestry, popularizes advanced forestry technology and raises the level of forestry science and technology。

　　Article 7 The State protects the lawful rights and interests of foresters, reduces the burden of foresters according to law, prohibits illegal fees and fines from foresters, and prohibits assessments and compulsory fund-raising from foresters。

　　The State protects the lawful rights and interests of collectives and individuals contracted for afforestation. No unit or individual may infringe upon the ownership of trees and other lawful rights and interests lawfully enjoyed by collectives and individuals contracted for afforestation。

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

　　(1) Implement a quota on forest cutting, encourage afforestation, close mountains for afforestation, and expand the area covered by forests;

　　(2) To provide economic support or long-term loans for collective and individual afforestation and forest cultivation in accordance with the relevant provisions of the State and local people's governments;

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

　　(4) collection of forestry fees for afforestation and forest cultivation;

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

　　(6) Establish a forestry fund system。

　　The State shall establish a compensation fund for forest ecological benefits for the construction, tending, protection and management of forest resources and trees of shelterbelts and forests for special use that provide ecological benefits。The forest ecological benefit compensation fund must be used exclusively for special purposes and may not be diverted for other purposes。Specific measures shall be formulated by The State Council。

　　Article 9 The State and the people's governments of provinces and autonomous regions shall, in accordance with the provisions of the State on the right of autonomy of the national autonomous areas to forestry production and construction, grant more autonomy and economic benefits than ordinary areas in forest development, timber distribution and the use of forestry funds。

　　Article 10 The competent forestry department under The State Council shall be in charge of the forestry work throughout the country。The competent forestry departments of the local people's governments at or above the county level shall be in charge of the forestry work in their respective areas。People's governments at township level shall have full-time or part-time personnel responsible for forestry work。

　　Article 11 It is the duty of citizens to plant trees and protect forests。People's governments at all levels shall organize the whole people to plant trees and carry out afforestation activities on a compulsory basis。

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

Chapter II Forest management

　　Article 13 The competent forestry authorities at all levels shall, in accordance with the provisions of this Law, administer and supervise the protection, utilization and renewal of forest resources。

　　Article 14 The competent forestry departments at all levels shall be responsible for organizing the inventory of forest resources, establishing a resource file system, and mastering the changes of resources。

　　Article 15 The right to the use of the following forests, trees and woodlands may be transferred according to law, and may also be made into shares at a price according to law or as a condition of investment or cooperation for joint venture or cooperative afforestation or forest management, provided that the woodlands shall not be changed into non-woodlands:

　　(1) timber forests, economic forests and firewood forests;

　　(2) the land-use right of timber forest, economic forest and firewood forest;

　　(3) The right to the use of forest land where the timber forest, economic forest or firewood forest has been cut or burned;

　　(4) The right to use other forests, trees and other woodlands as prescribed by The State Council。

　　Where, in accordance with the provisions of the preceding paragraph, the forest cutting license has been transferred, or is used as an investment or as a condition for cooperation in joint venture, cooperative afforestation or forest tree management, the forest cutting license may be transferred at the same time, and both parties to the transfer must abide by the provisions of this Law on forest cutting and forest tree reforestation。

　　Except for the circumstances provided for in paragraph 1 of this Article, the right to use other forests, trees and other forest land shall not be transferred。

　　Specific measures shall be formulated by The State Council。

　　Article 16 People's governments at all levels shall formulate long-term forestry plans。State-owned forestry enterprises, institutions and nature reserves shall, in accordance with the long-term forestry planning, work out forest management plans and submit them to the competent authorities at higher levels for approval before implementation。

　　The competent forestry departments shall guide the rural collective economic organizations and state-owned farms, ranches, industrial and mining enterprises and other units in the preparation of forest management plans。

　　Article 17 Disputes over the ownership and use right of trees and woodlands between units shall be handled by the people's governments at or above the county level according to law。

　　Disputes arising between individuals or between individuals and units over the ownership of forest trees and the right to use forest land shall be handled by the local people's governments at the county or township levels according to law。

　　If the party concerned refuses to accept the decision of the people's government, it may bring a suit in a people's court within one month from the date of receipt of the notification。

　　Before the dispute over the ownership of forest trees or forest land is settled, no party may cut down the trees in dispute。

　　Article 18 To carry out exploration and mining of mineral deposits and various construction projects，Should not occupy or occupy less forest land;Forest land must be occupied or requisitioned，After examination and approval by the competent forestry department of the people's government at or above the county level，The examination and approval procedures for construction land shall be carried out in accordance with relevant laws and administrative regulations on land administration，The land use unit shall pay the forest vegetation restoration fee in accordance with the relevant provisions of The State Council。The forest vegetation restoration fee shall be used exclusively by the competent forestry authorities in accordance with relevant regulations to arrange afforestation uniformly and restore forest vegetation, and the afforestation area shall not be less than the forest vegetation area reduced due to the occupation or requisition of forest land。The competent forestry departments at higher levels shall regularly urge and inspect the competent forestry departments at lower levels to organize afforestation and restore forest vegetation。

　　No unit or individual may misappropriate the forest vegetation restoration fee。Audit institutions 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;Increase forest protection facilities in large forest areas according to actual needs，Strengthen forest protection;Supervise and supervise the grass-roots units with forests and forest areas，Conclude a forest protection convention，Organize the masses to protect the forest，Delimit areas of responsibility for forest protection，With full-time or part-time forest rangers。

　　Forest rangers may be appointed by people's governments at the county or township levels。The main duty of forest rangers is to patrol the forest and stop the destruction of forest resources。In case of damage to forest resources, forest rangers have the right to request the relevant local departments to deal with it。

　　Article 20 Forest public security organs established in forest areas in accordance with relevant state regulations，To be responsible for the maintenance of social order in the jurisdiction，Protect the forest resources within the jurisdiction，And may be in accordance with the provisions of this Law，Within the scope authorized by the competent forestry department under The State Council，To exercise the power of administrative punishment provided for in Articles 39, 42, 43 and 44 of this Law。

　　The armed forest police force shall carry out the tasks entrusted by the State to prevent and fight forest fires。

　　Article 21 Local people's governments at all levels shall earnestly do a good job in the prevention and fighting of forest fires:

　　(1) To stipulate the period of forest fire prevention, and prohibit the use of fire in the forest field during the period of forest fire prevention;Where the use of fire is necessary due to special circumstances, approval must be obtained from the people's government at the county level or an organ authorized by the people's government at the county level.

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

　　(3) In case of forest fire, the local military, civilian and relevant departments must be immediately organized to fight and rescue;

　　(4) Those who are injured, disabled or sacrificed while fighting forest fires，State workers shall be given medical treatment and pensions by the units they work for;The non-State workers shall be given medical treatment and pensions by the unit that started the fire in accordance with the provisions of the relevant competent department of The State Council，The unit that started the fire is not responsible for it or cannot afford it，Medical treatment and pension shall be provided by the local people's government。

　　Article 22 The competent forestry departments at all levels shall be responsible for organizing the prevention and control of forest diseases and insect pests。

　　The competent forestry authorities shall be responsible for stipulating the quarantine objects of forest tree seeds and seedlings, delimiting epidemic areas and protection areas, and conducting quarantine of forest tree seeds and seedlings。

　　Article 23 Reclamation of deforestation, quarrying of stone, sand, soil and other acts of deforestation are prohibited。

　　It is prohibited to cut wood and graze cattle in young woodland and special use forest。

　　Persons entering forests and forest fringe areas shall not, without authorization, move or damage forestry service signs。

　　Article 24 The competent forestry department under The State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government，It shall be in typical forest ecological areas in different natural zones, forest areas where precious animals and plants grow and reproduce, natural tropical rain forests and other natural forest areas with special protection value，Designation of nature reserves，Strengthen protection and management。

　　Measures for the administration of nature reserves shall be formulated by the competent forestry department under The State Council and submitted to The State Council for approval。

　　Precious trees outside nature reserves and plant resources of special value in forest areas shall be carefully protected;Without the approval of the competent forestry departments of provinces, autonomous regions and municipalities directly under the Central Government, no logging or collection shall be allowed。

　　Article 25 The hunting of wild animals under State protection in forest areas shall be prohibited;Where there is a special need for hunting, it shall be handled in accordance with the relevant laws and regulations of the State。

Chapter IV Planting trees

　　Article 26 People's governments at all levels shall formulate afforestation plans and, according to local conditions, determine the goals for improving the forest coverage rate in their respective areas。

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

　　The competent forestry departments and other competent departments shall organize afforestation of the barren mountains and unreclaimed land in Yilin that are owned by the State;If it is owned by a collective, the collective economic organization shall organize afforestation。

　　On both sides of railways and highways, on both sides of rivers and around lakes and reservoirs, the competent units concerned shall organize afforestation according to local conditions;Industrial and mining areas, land used by government offices and schools, military barracks and areas operated by farms, pastures and fishing grounds shall be responsible for afforestation by such units。

　　State or collectively-owned barren mountains and wasteland suitable for forests may be contracted by collectives or individuals for afforestation。

　　Article 27 The trees cultivated by state-owned enterprises, institutions, government organs, organizations and troops shall be managed by the producing units and the profits from the trees shall be controlled in accordance with the provisions of the State。

　　Trees cultivated by units under collective ownership shall be owned by such units。

　　The trees planted by rural residents in front of and behind their houses, on private land or on private hills shall be owned by them。Trees planted by urban residents and workers in the courtyards of their houses shall be owned by them。

　　Where a collective or individual contracts for afforestation on a state or collectively-owned barren mountain or land suitable for forest use, the trees planted after the contract shall be owned by the collective or individual under contract;If the contract provides otherwise, the provisions of the contract shall be followed。

　　Article 28 The local people's governments shall organize the closure of mountains for afforestation and other places where newly created young woodland and forests must be closed for afforestation。

Chapter V Forest harvesting

　　Article 29 The State shall strictly control the annual amount of forest cutting in accordance with the principle that the consumption of timber stands is lower than the amount of growth。For state-owned forestry enterprises and institutions, farms, factories and mines, collectively owned forests and trees and individually owned trees, counties are the units. Annual cutting quotas shall be formulated, which shall be collected by the competent forestry departments of provinces, autonomous regions and municipalities directly under the Central government and submitted to The State Council for approval after examination and verification by the people's governments at the same level。

　　Article 30 The State shall formulate a unified annual wood production plan。The annual timber production plan shall not exceed the approved annual cutting limit。The scope of plan administration shall be prescribed by The State Council。

　　Article 31 The cutting of forests and trees must observe the following provisions:

　　(1) Mature timber forests shall, according to different circumstances, adopt selective cutting, clear cutting and gradual cutting methods respectively, clear cutting shall be strictly controlled, and reforestation shall be completed in the same year or next year;

　　(2) In protection forests and forests for special use, national defense forests, mother forests, environmental protection forests and landscape forests are only allowed to be felled in the nature of tending and renewal;

　　(3) It is strictly prohibited to cut trees of scenic spots and historic sites, revolutionary memorial sites and forests of nature reserves in forests for special purposes。

　　Article 32 To cut trees, one must apply for a cutting license and cut trees in accordance with the provisions of the license.Rural residents shall be excluded from the cutting of private land and scattered trees owned by individuals in front of and behind their houses。

　　When state-owned forestry enterprises and institutions, government organs, organizations, troops, schools and other state-owned enterprises and institutions cut trees, the local competent forestry departments at or above the county level shall examine and issue cutting licenses in accordance with relevant provisions。

　　For the renewal cutting of railway and highway protection forests and urban trees, the relevant competent departments shall examine and issue cutting licenses in accordance with relevant provisions。

　　When rural collective economic organizations cut trees, the competent forestry departments at the county level shall examine and issue cutting licenses in accordance with relevant provisions。

　　For rural residents to cut down private hills or trees contracted by individuals to collectives, the competent forestry departments at the county level or the township or town people's governments entrusted by them shall examine and issue cutting licenses in accordance with relevant provisions。

　　The provisions of the above paragraphs shall apply to the cutting of bamboo forests whose main purpose is to produce bamboo。

　　Article 33 The department that examines and issues the cutting license shall not issue the cutting license in excess of the approved annual cutting quota。

　　Article 34 When applying for cutting license, state-owned forestry enterprises and institutions must submit cutting area survey and design documents。When applying for a cutting license, other units must submit documents concerning the purpose, location, species, forest condition, area, stock, method and renewal measures of cutting。

　　For units whose logging operations do not conform to the regulations, the department that issued the cutting license has the right to take back the cutting license and suspend its cutting until it is corrected。

　　Article 35 Units or individuals cutting forest trees must complete the task of reforestation in accordance with the area, number of trees, species and time limit specified in the cutting license, and the area and number of trees reforestation shall not be less than the area and number of trees felled。

　　Article 36 Measures for the management, supervision and administration of timber in forest areas shall be formulated separately by The State Council。

　　Article 37 Transport certificates issued by the competent forestry authorities must be held to transport timber from forest areas, except for timber uniformly allocated by the State。

　　After obtaining the cutting license according to law, the competent forestry department shall issue a transportation certificate to the timber cut in accordance with the provisions of the license when it is transported out of the forest area。

　　With the approval of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, timber checkpoints may be set up in forest areas to inspect timber transport。The timber inspection station shall have the right to stop the transport of timber without obtaining transport documents or the transfer notice issued by the competent department of materials。

　　Article 38 The State prohibits or restricts the export of precious trees and their products and derivatives。The list of precious trees and their products and derivatives whose export is prohibited or restricted and the annual total amount of export restricted shall be formulated by the competent forestry department under The State Council in conjunction with the relevant departments under The State Council and submitted to The State Council for approval。

　　The export of precious trees or their products and derivatives restricted by the provisions of the preceding paragraph must be examined by the competent forestry department of the people's government of the province, autonomous region or municipality directly under the Central Government where the exporter is located, and submitted to the competent forestry department under The State Council for approval, and the customs shall release the products on the basis of the approval document of the competent forestry department under The State Council。Where the trees or their products or derivatives are endangered species whose import and export are restricted by the international conventions to which China is a party, an application must be made to the State administrative agency for the import and export of endangered species for an import and export permit certificate, and the Customs shall release the trees on the basis of the permit certificate。

Chapter VI Legal liability

　　Article 39 Those who illegally cut down forests or other trees shall compensate for the losses according to law;The competent forestry authorities shall order the replanting of trees tens of times the number of illegally felled trees, confiscate the illegally felled trees or sell the proceeds, and impose a fine of not less than three times but not more than ten times the value of the illegally felled trees。

　　In case of indiscriminate felling of forests or other trees, the competent forestry authorities shall order the replanting of trees five times the number of trees felled and impose a fine of not less than two times but not more than five times the value of the trees felled。

　　Refusing to replant trees or replanting does not conform to the relevant provisions of the State, the competent forestry departments on behalf of the replanting, the required expenses shall be paid by the lawbreakers。

　　Where illegal or indiscriminate logging of forests or other trees constitutes a crime, criminal responsibility shall be investigated according to law。

　　Article 40 Whoever, in violation of the provisions of this Law, illegally fells or destroys precious trees shall be investigated for criminal responsibility according to law。

　　Article 41 Violation of the provisions of this Law，Issuing forest tree cutting license in excess of the approved annual cutting quota or issuing forest tree cutting license, timber transportation certificate, export approval document, import and export permit certificate in excess of its authority，The competent forestry department of the people's government at the next higher level shall order rectification，The persons directly in charge and other persons directly responsible shall be given administrative sanctions according to law;The competent forestry department of the relevant people's government fails to make corrections，The competent forestry department under The State Council may handle the matter directly;criminal，Criminal responsibility shall be investigated according to law。

　　Article 42 Violation of the provisions of this Law，Buying and selling forest cutting licenses, timber transport certificates, export approval documents, import and export permission certificates，The competent forestry departments shall confiscate the certificates, documents and illegal income from illegal trading，Shall also be fined not less than twice but not more than three times the price of the illegal trading of certificates and documents;criminal，Criminal responsibility shall be investigated according to law。

　　Whoever forges forest cutting license, timber transportation certificate, export approval document, import and export permit certificate, shall be investigated for criminal responsibility according to law。

　　Article 43 Those who illegally purchase trees in forest areas that they know are illegally or wantonly felled，The competent forestry authorities shall order the cessation of the illegal acts，The illegally felled or arbitrarily felled trees illegally purchased shall be confiscated or the proceeds from their sale shall be confiscated，A fine of not less than twice but not more than three times the price of illegally purchased trees may be imposed concurrently;criminal，Criminal responsibility shall be investigated according to law。

　　Article 44 Violation of the provisions of this Law，Carry out reclamation, quarrying, sand, soil, seed, fat and other activities，Causing the destruction of forests and trees，Compensate for losses according to law;The competent forestry authorities shall order the cessation of the illegal acts，Replant trees that have more than doubled and less than tripled the number of damaged trees，A fine of not less than twice but not more than five times the value of the trees destroyed may be imposed。

　　Those who, in violation of the provisions of this Law, cut firewood or graze animals in young forest lands or forests for special use, resulting in the destruction of forests or trees, shall compensate for the losses according to law;The competent forestry departments shall order them to stop the illegal acts and replant the trees that have been destroyed at least twice and not more than three times。

　　Refusing to replant trees or replanting does not conform to the relevant provisions of the State, the competent forestry departments on behalf of the replanting, the required expenses shall be paid by the lawbreakers。

　　Article 45 The unit or individual cutting forest trees fails to complete the task of reforestation in accordance with the regulations，The department that issues the cutting license has the right to issue no more cutting licenses，Until the completion of the reforestation mission;serious，A fine may be imposed by the forestry authority，The person who is directly responsible shall be given administrative sanctions by the unit to which he belongs or by the competent authority at a higher level。

　　Article 46 If the staff members of the competent forestry departments engaged in forest resources protection and forestry supervision and administration and the relevant staff members of other state organs abuse their power, neglect their duties, practice favoritism and commit malpractices, if the case constitutes a crime, they shall be investigated for criminal responsibility according to law;If the case does not constitute a crime, administrative sanctions shall be imposed according to law。

Chapter VII Supplementary Provisions

　　Article 47 The competent forestry department under The State Council shall formulate implementation measures in accordance with this Law and submit them to The State Council for approval for implementation。

　　Article 48 Where the provisions of this Law cannot be fully applied to the national autonomous areas, the organs of self-government may, in accordance with the principles of this Law and in light of the characteristics of the national autonomous areas, formulate adaptations or supplementary provisions and submit them to the provinces, autonomous regions or the Standing Committee of the National People's Congress for approval in accordance with legal procedures。

　　Article 49 This Law shall enter into force as of January 1, 1985。