中華人民共和國森林法實施條例（英文）

中華人民共和國森林法實施條例

(Promulgated by Decree No. 278of the State Council on January 2, 2000)

Chapter One General Provisions

Article 1 These Provisions are formulatedaccording to ( Forestry Law of the People's Republic of China ) (hereinafterreferred to as "Forestry law").

Article 2 Forest reserves include forest,forest wood and forest land, as well as wild animals, plants and microbedependent thereon surviving by depending on forest, forest wood and forestland. Forest includes arbor forest and bamboo forest. Forest wood includes treeand bamboo. Forest land includes arbor forest land with canopy densityexceeding 0.2 as well as bamboo forest land, bush shrub forest land, open forestland, logging site, the site destroyed by fire, non-mature afforestion land,nursery land and land appropriate to the afforestation planed by the people'sgovernment at or above level.

Article 3 The State adopts registration systemof forest, forest wood and forest land according to law. The ownership andright of use of legally registered forest, forest wood and forest land shall beprotected by law. Any unit or individual shall not infringe. The pattern of thecertificate of ownership of forest, forest wood and forest land shall bestipulated by the competent forestry authority of State Council.

Article 4 The state-owned forest, forest woodor forest land used by law shall be registered in accordance with the followingprovisions: (1) The unit using forest, forest wood or forest land of keystate-owned forest zone confirmed by the State Council (hereinafter referred toas "key forest zone"), shall submit registration application to thecompetent forestry authority of the State Council, and the competent forestryauthority of the State Council shall record the registration, examine and issuecertificates, and confirm the right of using the forest, forest wood or forestland as well as the title of forest wood owned by the user; (2) Units or individualsusing stated-owned forest, forest wood or forest land crossing administrativedomains, shall submit registration application to the competent forestryauthority of their common people's government above high level, and the saidpeople's government shall record the registration, examine and issuecertificates, and confirm the right of using the forest, forest wood or forestland as well as the title of forest wood owned by the user; (3) Units orindividuals using other state-owned forest, forest wood or forest land, shallsubmit registration application to the competent forestry authority of thelocal people's government at or above county level, and the local people'sgovernment at or above county level shall record the registration, examine andissue certificates, and confirm the right of using the forest, forest wood orforest land as well as the title of forest wood owned by the user. Thestate-owned forest, forest wood or forest land unconfirmed in the right of useshall be recorded, protected and managed by the people's government at countylevel.

Article 5 Where a collective owns forest,forest wood or forest land, the owner shall submit registration application tothe competent forestry authority of the local people's government at or abovecounty level where the same is located, and the people's government at countylevel shall record registration, examine and issue certificate, and confirmtitle. For forest wood owned by unit or individual, the owner shall submitregistration application to the competent forestry authority of the people'sgovernment at county level where the same is located, and the people'sgovernment at county level shall record registration, examine and issuecertificate, and confirm title of the same. Units and individuals usingcollectively owned forest, forest wood or forest land, shall submitregistration application to the competent forestry authority of the people'sgovernment at or above county level where the same is located, and the people'sgovernment at or above county level shall make volumes at a registry, examineand issue certificates, and define title of the same.

Article 6 The ones alter the ownership and theright of use of forest, of forest wood and of forest land, they shall handlethe commission for effecting changes in registration according to law.

Article 7 The competent forestry authority ofthe people's government at or above county level shall establish files on themanagement of forest, forest wood and forest land.

Article 8 For national focal point shelterbelt, and forest for special uses, the competent forestry authority of StateCouncil shall produce opinions and report to the State Council for approval,then promulgate it; for local key shelter forest and forest for special use,the competent forestry authority of the people's government of a province,autonomous region or municipality directly under the central authority shallproduce opinions and report to the people's government at the same level forapproval, then promulgate it; for other shelter forest, timber forest orspecial-use forest as well as economic forest or fuel forest, the competentforestry authority of people's government at county level shall demarcateaccording to the state's relevant regulations on forest categorization and thearrangement and organization of the People's government at the same level, andreport to the people's government at the same level for approval andpromulgation. The area of key shelter forest and special-use forest within theadministrative domain of province, autonomous region or municipality directlyunder central authority shall not be less than 30% of the total forest area ofthe said administrative domain. Modification of forest category approved andpromulgated to other forest category shall be reported to the originalapproving and promulgating authority.

Article 9 The capital drawn according tosection 1 (5) Article 8 of the Forestry Law must be specially used for thetimber forest such as planting pit prop and the forest used for making paperand etc., and shall not be embezzled. The auditing authority and competentforestry authority shall strengthen supervision.

Article 10 The forest resource supervisoryauthority sent by the competent forestry authority the of State Council to keyforest zone shall strengthen supervision and inspection on the protection andmanagement of forest resources within key forest zone.

Chapter 2 Operation and Management of Forest

Article 11 The competent forestry authority ofthe State Council shall periodically monitor the situation of extinction andgrowth of forest resources and changes of forest ecological environment. Forestresource investigation, file establishment, formulation of forest operationplan and other work of key forest zone shall be organized and implemented bythe competent forestry authority of the State Council; other forest resourceinspection, file establishment, formulation of forest operation plan and etc.,shall be organized and implemented by the competent forestry of the local people'sgovernment authority at or above county level.

Article 12 The formulation of long-termforestry plan shall abide by the following principles: (1) Protection ofecological environment and promotion of sustainable economic development; (2)Based on the existing forest resources; (3) Compatible with the overall plan ofland utilization, water and soil conservation plan, city plan, village and townplan.

Article 13 The long-term forestry plan shallinclude: (1) Forestry development target; (2) Ratio of forest categories; (3)Forest land protection and use plan; (4) Tree planting and afforestation plan.

Article 14 The national long-term forestryplan shall be formulated by the competent forestry authority of the StateCouncil in conjunction with other relevant departments, and be reported to theState Council for approval, then implementation. The national long-termforestry plan at various levels shall be formulated by the competent forestryauthority of the people's government at or above county level in conjunctionwith other relevant departments, and be reported to the State Council forapproval and then implementation. The long-term forestry plan at a lower levelshall be formulated based upon the long-term forestry plan at above high level.The adjustment of modification to the long-term forestry plan shall be reportedto the original approving authority for approval.

Article 15 The state protects the lawfulrights and interests of the operator of forest, forest wood or forest landaccording to law. Any unit or individual is prohibited to invade illegally theforest woods owned and the forest land used by the operator according to law.The operator of timber forest, economic forest or fuel forest enjoys right ofoperation, benefits and other lawful rights and interests according to law. Theoperator of Shelter forest or special-use forest enjoys right of forestecological benefits compensation.

Article 16 In the event of surveying orexploiting mineral resources, or constructing road, water conservancy, power,communication and etc. projects needing to occupy or confiscate forest land,the following provisions must be adhered to: (1) The unit using the land shallsubmit land use application to the competent forestry authority of the people'sgovernment at or above county level, and, after examination and approval,prepay forest cover restoration fees according to the standard stipulated bythe state and collect approval document on forest land usage. The unit usingthe land shall conduct examination and approval procedures for use of land inconstruction with the approval document according to law. Without examinationand approval by the competent forestry authority for the occupancy orconfiscation of forest land, the competent land administration authority shallnot process application for use of land in construction. (2) For occupation orconfiscation of forest land of shelter forest land or special-use forest landwith an area over 10 hectares, or timber forest, economic forest or fuel forestas well as cutting blank over 35 hectares, or other forest land over 70hectares, it shall be examined by the competent forestry authority of the StateCouncil; for occupation or confiscation of forest land with an area below theabove regulated amount, it shall be examined by the competent forestryauthority of the people's government of a province, autonomous region ormunicipality directly under the central authority. Occupation or confiscationof forest land of key forest zone shall be examined by the competent forestryauthority of the State Council. (3) When the unit using land needs to cut theforest wood on the forest land occupied or confiscated with approval, it shallapply for forest wood felling permit from the competent forestry authority ofthe people's government at or above county level where the forest land islocated or from the competent forestry authority of State Council. (4) If theoccupation or confiscation of forest land is not approved, the relevantcompetent forestry authority shall refund the forest cover restoration feescharged within 7 days as from the date of receipt of notice of non-approval.

Article 17 Where ones need to occupy and useforest land temporarily, they shall obtain the approval of the competentdepartments of the people's governments at or above county level. The period oftemporary usage of forest land shall not exceed 2 years, and it's prohibited toconstruct permanent structure on the temporarily used forest land; after suchperiod expires, unit using land must restore forestry production conditions.

Article 18 Temporary occupancy of forest landrequired for building engineering facility directly used for serving forestryproduction by forest operation unit within the range of the forest land itoperated, shall be approved by the competent forestry authority of the people'sgovernment at or above county level; for building other engineering facilitiesand requiring forest land to be changed to non-forestry land for use inconstruction, procedures of examination and approval for use of land inconstruction must be conducted according to law. The engineering facilitydirectly used for serving forestry production in aforesaid section refers to:(1) Facility for cultivation or production of seed or nursery stock; (2) Facilityfor storage of seeds, nursery stock, timber; (3) Logger road or carriage way;(4) Forestry scientific research, test or model base; (5) Facility for wildlife and plant protection, forest protection, forest disease and pest damageprevention, forest fire prevention, timber quarantine; (6) Infrastructure forwater supply, power supply, heat supply, gas supply or communication.

Chapter Three Forest Protection

Article 19 The competent forestry authority ofthe people's government at or above county level shall, according to theinvestigation and monitoring of the targeted object by forest disease and pestdamage monitor and forecast center, periodically release long-term, mid-termand short-term forest disease and pest damage forecast, and give preventivesuggestions timely. The forest operator shall use fine variety, construct mixedforest, carry out scientific afforestation and improve the ability to preventforest disease and pest damages. When forest disease and pest damage occurs,relevant departments and forest operators shall take integrated controlmeasures to timely eliminate and treat the damages. When serious forest diseaseand pest damage occurs, the local people's government shall take emergencyeliminate-and-treat measures to prevent spreading and eliminate hidden damages.

Article 20 The competent forestry authority ofthe State Council is responsible for determination of the national germ chitquarantine objects of forest wood. The competent forestry authority of people'sgovernment of province, autonomous region, or municipality directly under thecentral authority may, according to need of the region, determine supplementarygerm chit quarantine objects of forest wood of the said province, autonomousregion or municipality directly under the central authority, and report thesame to the competent forestry authority of the State Council for the record.

Article 21 It is prohibited to destroy forestfor bringing under cultivation or collecting seed, or violate rules ofoperation technique to tap resin, dig bamboo shoot, extract stumps, debark orover lop.

Article 22 Slopes of 25 degrees or above shallbe used for tree or grass planting. Hillside cultivated of 25 degrees or aboveshall give up cultivation gradually for tree or grass planting according to theplan formulated by the local people's government.

Article 23 When forest fires occurs, localpeople's government must immediately organize army-civilian forces to put itdown; relevant authority shall actively prepare for fire rescue materialsupply, transportation and communication, medical and etc. work.

Chapter Four Tree Planting and Afforestation

Article 24 The "forest acreage" inForestry Law, refers to the percentage of forest area to land area as peradministrative domain. Forest area includes arbor forest land area and bambooforest land area with canopy density over 0.2, shrub forest land areastipulated specially by the state, and the coverage area of farmland forest netand village-side, roadside, waterside, house-side forest wood. The localpeople's government at or above county level shall, according to the strivingtarget of forest acreage determined by the State Council, determine thestriving target of forest acreage of the administrative domain, and organizeimplementation.

Article 25 Tree planting and afforestationshall comply with rules of afforestation technique, and execute scientificafforestation, and enhance survival rate. The people's government at countylevel shall organize inspection and acceptance of the afforestation of the yearwithin the said administrative domain, and except the arid or semiarid areasstipulated specially by the state, those with less than 85% survival rate shallnot be calculated into the completed annual forestation area.

Article 26 The state adopts department andunit responsibility system in afforestation and greening. The relevant unit incharge of the sides of railway or road, the banks of river or the around oflake or reservoir, shall be the responsible unit for afforestation andgreening. For industrial or mining area, undertaking or school land, troop campas well as farm, grazing land, fishery operation area, such unit shall be theresponsible unit for afforestation and greening. The afforestation and greeningtask of the responsible unit shall be confirmed by the local people'sgovernment at county level by issuing a notice of responsibility.

Article 27 The state protects the title offorest wood and other lawful rights and interests owned by the contractedforest grower. Without both the employer and the contractor' unanimousagreement, modification to or revocation of the afforestation contract isprohibited.

Chapter Five Forest Felling

Article 28 The annual forest felling limitshall be formulated as per state-owned forestry enterprise or undertaking unit,farms, or plant or mining unit in respect of state owned forest or forest wood,and as per county in respect of collective-owned forest or forest wood andindividual-owned forest wood, and then the competent forestry authority ofpeople's government of province, autonomous region or municipality directlyunder central authority shall generalize and balance the same, and after beingreviewed by the people's government at the same level, the same shall bereported to the State Council for approval; among others, the annual forestfelling limit of key forest zone shall be reviewed by the competent forestryauthority of State Council, and then be reported to the State Council forapproval. The annual forest felling limit approved by the State Council shallbe reviewed and determined once every 5 years.

Article 29 The logging of forest or forestwood used for commercial sales must be put them in the state's annual timberproduction plan; notwithstanding, except the felling by rural resident of theindividual-owned fuel forest on hill retained for private needs and theindividual-owned odd forest wood on plot for private use or around house.

Article 30 In application for forest woodfelling permit, besides submission of the certificate of title or certificateof right of use in respect of the forest wood intended, other relevant provingdocuments shall also be submitted in accordance with following provisions: (1)State-owned forestry enterprise or undertaking unit shall also submit cuttingarea survey design document and previous year's cutting reforestationacceptance certificate; (2) Other units shall also submit documents comprisingthe purpose of cutting, location, forest category, forest condition, area,amount of growing stock, method, reforestation measures and etc. of the forestwood. (3) Individual shall also submit documents comprising the location, area,tree category, number of trees, amount of growing stock, time of reforestationand etc. of the forest wood. In the event of forest wood cutting required byforest fire rescue, flood prevention and other emergency situations, the unitsor departments organizing the same shall, within 30 days as from the endingdate of such emergency, report the forest wood cutting condition to the localcompetent forestry authority of people's government at or above county level.

Article 31 Where a unit or individual hascommitted any of the following conditions, the department in charge shall notissue a permit for felling of forest trees: (1) Non-tending ornon-reforestation cutting of shelter forest or special-use forest, or cuttingforest wood during period of "closing of hillsides to facilitateafforestation" or within area thereof; (2) Failing to complete reforestationtask after previous year's cutting; (3) Failing to take preventive or improvingmeasures provided that material denudation case, forest fire or serious forestdisease and pest damages with large affected areas occurs. The pattern offorest wood felling permit shall be stipulated by the competent forestryauthority of State Council, and be printed by the competent forestry authorityof people's government of province, autonomous region, municipality directlyunder central authority.

Article 32 Except expressly provided inForestry Law, the forest wood felling permit shall be issued after examinationin accordance with following purview: (1) For state-owned forestry centersubject to county, the permit shall be issued after examination by thecompetent forestry authority of people's government at county level where it islocated. (2) For state-owned forestry enterprise or undertaking unit or otherstate-owned enterprise or undertaking unit subject to province, autonomousregion, municipality directly under central authority as well as city withdistricts or autonomous prefecture, the permit shall be issued afterexamination by the competent forestry authority of people's government ofprovince, autonomous region or municipality directly under central authority whereit is located; (3) For state-owned forestry enterprise or undertaking unitwithin key forest zone, the permit shall be issued after examination by thecompetent forestry authority of State Council.

Article 33 The cutting of timber forestconstructed by using foreign investment up to certain scale, shall be approvedby the competent forestry authority of the people's government of a province,autonomous region or municipality directly under central authority within theannual forest felling limit approved by the State Council, and shall be listedseparately in respect of cutting limit.

Article 34 The timber operation (includingprocessing) in forest zone must be approved by the competent forestry authorityof the people's governments at or above county level. Timber procurement unitor individual shall not procure timber without forest tree felling permit orother lawful origin certificates. The timber in the immediate section aboverefers to log, saw timber, bamboo wood, wood chip and other timbers stipulatedby province, autonomous region or municipality directly under centralauthority.

Article 35 In order to carry timber that isnot generally appropriated by the state out of forest zone, the carrier musthave timber transportation permit issued by the competent forestry authority ofthe people's government at or above county level. The timber transportationpermit for key forest zone shall be issued after examination by the competentforestry authority of the State Council; other timber transportation permitsshall be issued after examination by the competent forestry authority of localpeople's government at county or above level. Timber transportation permit isvalid during the whole journey from the place of dispatch of timber to thedestination, and must be with the cargo all along. Without timbertransportation permit, any unit or individual carrier shall not carry. Thepattern of the timber transportation permit shall be stipulated by thecompetent forestry authority of State Council.

Article 36 In application for timbertransportation permit, the following proving documents shall be submitted: (1)Forest tree felling permit or other lawful origin certificates; (2) Quarantinecertificate; (3) Other documents stipulated by province, autonomous region ormunicipality directly under central authority. If the conditions in theimmediate section above are satisfied, the competent forestry authority ofpeople's government at or above county level having accepted such applicationshall issue the timber transportation permit within 3 days as from the date ofreceiving such application. The total volume of transported timber allowed bythe legally issued timber transportation permit shall not exceed the totalvolume of timber allowed to be carried out for sales stipulated by the localannual timber production plan.

Article 37 The timber prosecution center setin forest zone approved by the people's government of a province, autonomousregion or municipality directly under central authority shall be responsiblefor the inspection of timber transportation; for timber transportation withoutpermit, the timber inspection station shall prevent it from happening, and mayseize the timber without permit temporarily, and immediately report to thecompetent forestry authority of people's government at county or above levelfor legal disposition.

Chapter Six Legal Liabilities

Article 38 Where ones fell forest or otherforest wood unlawful and results in less than 0.5 cube meters calculated bystanding wood areas or more than 50 young trees felled, the competent forestrydepartments under the people's governments at or above county level order themto plant trees as many as 10 times amount of the unlawful felled trees,confiscate the unlawfully felled timber or sales proceeds, and impose a fine ofnot less than 3 times but not more than 5 times the value of the unlawfullyfelled timber. For unlawful felling of forest or other forest wood withstanding volume more than 0.5 cube meters or saplings more than 20 stems, thecompetent forestry authority of people's government at county or above levelshall order replanting of 10 times the amount of unlawfully felled trees,confiscate the unlawfully felled timber or sales proceeds, and impose a fine ofnot less than 5 times but not more than10 times the value of the unlawfullyfelled timber.

Article 39 For denudation of forest or otherforest wood with standing volume less than 2 cube meters or saplings less than50 stems, the competent forestry authority of people's government at county orabove level shall order replanting of 5 times the amount of denudated trees,and impose a fine of not less than 2 times but not more than 3 times the valueof the denudated timber. For denudation of forest or other forest wood withstanding volume more than 2 cube meters or saplings more than 50 stems, thecompetent forestry authority of people's government at county or above levelshall order replanting of 5 times the amount of denudated trees, and impose afine of not less than 3 times but not more than 5 times the value of thedenudated timber. For felling of forest or other forest wood exceeding timberproduction plan, the punishment shall be imposes in accordance with theprovisions of the two sections herein above.

Article 40 For timber operation (includingprocessing) in forest zone without approval in violation of these Provisions,the competent forestry authority of people's government at county or abovelevel shall confiscate the timber operated unlawfully and illegal gains, andimpose a fine of not more than 2 times the illegal gains.

Article 41 For damages to forest or forestwood resulting from destroying forest to collect seeds or violating rules ofoperation technique to tap resin, dig bamboo shoot, extract stumps, debark orover lop in violation of these Provisions, destruction planting or violation oftechnique operation, to cause destruction of forest, forest wood, the lossesshall be compensated according to law, and the competent forestry authority ofpeople's government at or above county level shall order cessation of theillegal conduct, replant trees of not lees than 1 but not more than 3 times theamount of destroyed stems, and may impose a fine of not less than 1 but notmore than 5 times the value of destroyed forest wood; for refusing to replanttrees or the replanting not conforming to relevant state regulations, thecompetent forestry authority of people's government at county or above levelshall organize replanting instead at the violator' expenses. For damages toforest or forest wood resulting from bringing barren land under cultivationwithout authorization in violation of Forest Law and these Provisions, thepunishment shall be imposed in accordance with provisions of Article 44 ofForest Law; in case of no damage done to the forest or forest wood or no forestor forest wood on the forest land brought under cultivation, the competentforestry authority of the people's government at or above county level shallorder cessation of the illegal conduct and restoration to its originalcondition within certain time limit, and may impose a fine less than RMB 10Yuan per square meter of the illegally forest land brought under cultivation.

Article 42 If either of the followingconditions exists, the competent forestry authority of people's government atcounty or above level shall order completion of forestation task within certaintime limit; if not completed upon the expiry of such time limit, may impose afine less than 2 times the expenses necessary for the uncompleted afforestationtask that should have been completed; for directly responsible officer andother directly liable persons, administrative punishment shall be imposedaccording to law: (1) Failing to complete reforestation task in 2 consecutive years;(2) Area of reforestation of the year less than 50% of the area ofreforestation required; (3) Except the arid or semiarid areas stipulatedspecially by the state, reforestation survival rate of the year less than 85%;(4) Unit responsible for tree planting and afforestation failing to completeafforestation task on time in accordance with the requirements of the people'sgovernment at county level where it is located.

Article 43 Where ones alter the uses offorestry land without authorization based on no approval according toexamination by the competent forestry departments of the people's governmentsat or above county level, the competent forestry authority of people'sgovernment at or above county level shall order restoration to its original conditionwithin certain time limit, and impose a fine of not less than RMB 10 Yuan butnot more than RMB 30 Yuan per square meter for the forest land with illegalchange of purpose. For non-return of temporary occupied forest land exceedingtime limit, punishment shall be imposed in accordance with provisions in theimmediate section above.

Article 44 For transportation of timberwithout timber transportation permit, the competent forestry authority ofpeople's government at or above county level shall confiscate the illegallytransported timber, and may impose on the consignor a fine of less than 30% ofthe prices of illegally transported timber. For the timber volume transportedexceeding the transportation volume allowed by the timber transportation permit,the competent forestry authority of people's government at or above countylevel shall confiscate the exceeding portion of the timber; for the transportedtree species, wood assortment or specification not conforming to the contentsof the timber transport permit and without reasonable grounds, shall confiscatethe portion of timber not in conformity. For limber transportation using forgedor altered timber transportation permit, the competent forestry authority ofpeople's government at county or above level shall confiscate the illegallytransported timber, and impose a fine of not lees than 10% but not more than 50% of the prices of the confiscated timber. For transportation of timber withouttimber transportation permit, the competent forestry authority of people'sgovernment at county or above level shall confiscate the carriage, and impose afine of not less than 1 but not more than 3 times the carriage.

Article 45 Where ones move service labelswithout authorization or damage them, the competent forestry authority ofpeople's government at county or above level shall order restoration to itsoriginal condition within certain time limit; for non-restoration exceedingsuch time limit, the competent forestry authority of people's government at orabove county level shall restore instead at the expenses of the violator.

Article 46 For change of shelter forest orspecial-use forest to other forest category without approval in violation ofthese Provisions, the competent forestry authority of people's government atcounty or above level shall retrieve the forest ecological benefit compensationreceived by the operator, and impose a fine less than 3 times the receivedforest ecological benefit compensation.

Chapter Seven Supplementary Provisions

Article 47 The division of duties and powersof the competent forestry authorities of people's governments at or abovecounty level in these Provisions shall be stipulated in detail by the competentforestry authority of the State Council.

Article 48 These Provisions shall take effectas from the date of promulgation. The ( Regulation for Implementation ofForestry Law of the People's Republic of China ) approved by the State Councilon April 28th 1986 and promulgated by the Ministry of Forestry on May 10, 1986shall be invalidated simultaneously.