The following translation was retrieved from the National People's Congress Web site on February 19, 2013. The Chinese text was retrieved from the State Forestry Administration Web site on February 19, 2013.
Forestry Law of the People's Republic of China
(Adopted at the 7th Meeting of the Standing Committee of the Sixth National People's Congress on September 20, 1984 and promulgated by Order No.17 of the President of the People’s Republic of China on September 20, 1984; amended according to the Decision on Revising the Forestry Law of the People’s Republic of China made at the 2nd Meeting of the Standing Committee of the Ninth National People’s Congress on April 29, 1998)
Contents
Chapter I General Provisions
Chapter II Forest Management and Administration
Chapter III Forest Protection
Chapter IV Tree Planting and Afforestation
Chapter V Forest Tree Felling
Chapter VI Legal Liabilities
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted for the purpose of protecting, cultivating and rationally utilizing forest resources, speeding up afforestation of our land, giving full play to the forests' role of conserving water and soil, moderating the climate, improving the environment and providing forest products, so as to meet the needs of socialist construction and the people's life.
Article 2 Anyone who is engaged in afforestation and cultivation, felling and utilization of forests and trees as well as management and administration of forests, trees and forest land within the territory of the People’s Republic of China shall observe this Law.
Article 3 Forest resources, with the exception of those owned by collectives as provided for by law, are owned by the State.
The forests, trees and forest land owned by the State and by collectives, as well as the trees owned and forest land used by individuals, shall be registered with the local people's governments at or above the county level, which shall issue certificates to confirm such ownership or right of use. The State Council may authorize its competent forestry department to have the State-owned forests, trees and forest land in key forest areas defined as such by the State Council registered, issue certificates and notify the matter to the local people’s governments concerned.
The lawful rights and interests of the owners and users of forests, trees and forest land shall be protected by law and may not be infringed upon by any unit or individual.
Article 4 Forests are classified into the following five categories:
(1) Shelter forests: forests, trees and shrubberies that mainly serve the purpose of protection. They consist of forests for conservation of water supply and checking of soil erosion, for windbreak and sand-fixation, for protection of farmland and pasture, and for protection of embankments and roads;
(2) Timber forests: forests and trees that are used mainly for producing timber, including bamboo forests that are used mainly for producing bamboo timber;
(3) Economic forests: forest trees that are used mainly for producing fruit, edible oil, beverage ingredients, condiments, industrial raw material and medicinal materials;
(4) Firewood forests: forest trees that are used mainly for producing fuel wood; and
(5) Forests for special uses: forests and forest trees that are used mainly for national defence, environmental protection and scientific experiment purposes. These include forests for national defence, experimental forests, seed forests, environmental protection forests, scenic forests, forest trees at scenic spots, historical sites and places of historic significance in the Chinese revolution, and forests in nature reserves.
Article 5 The guiding principles for forestry development are: put emphasis on forest management, protect forests everywhere, vigorously promote afforestation, coordinate felling with cultivation and ensure the sustained utilization of forest resources.
Article 6 The State encourages scientific research in forestry and promotes the use of advanced forestry technology so as to raise the scientific and technological level of forestry.
Article 7 The State protects the lawful rights and interests of self-employed tree cultivators, lightens their burdens according to law, forbids illegal imposing of charges and fines on them and forbids imposing of donation quotas on them and raising of funds from among them by compulsory means.
The State protects the lawful rights and interests of the collectives and individuals that have contracted for afforestation; no unit or individual may infringe upon the lawful ownership of trees and other lawful rights and interests enjoyed by them.
Article 8 The State adopts the following measures to protect forest resources:
(1) to allow tree felling within quotas and promote planting of trees and closing of hillsides for afforestation in order to enlarge the forest-covered area;
(2) to provide, in accordance with the relevant regulations of the State and local people's governments, financial assistance or long-term loans for collectives and individuals engaged in tree planting and forest cultivation;
(3) to encourage the all-purpose use and conservation of timber and the development and utilization of timber substitutes;
(4) to collect afforestation fees for the exclusive use of tree planting and forest cultivation;
(5) to allow departments of the coal and paper-making industries to set aside a certain amount of funds commensurate with the output of coal, wood pulp and paper for the exclusive use of cultivating timber forests that will be used for mine timber and paper-making; and
(6) to establish a forestry funding system.
The State establishes a compensation fund for the benefit of the forest ecology, which is to be used for the benefit of the afforestation, cultivation, protection and administration of forest resources and trees of the shelter forests and forests for special uses that benefit the ecology. The compensation fund for the benefit of the forest ecology shall be used for no other than the said purposes. Specific measures in this respect shall be formulated by the State Council.
Article 9 With regard to forestry production and development in autonomous areas of minority nationalities, the State and the people's governments of the provinces and autonomous regions shall, in accordance with the power of autonomy the State has provided for national autonomous areas, grant these areas greater decision-making power and more economic benefits than other areas in forestry development, timber distribution and use of forest fund.
Article 10 The competent forestry department under the State Council shall be responsible for forestry work throughout the country. The competent forestry departments of the people's governments at or above the county level shall be responsible for forestry work in their own areas. Full-time or part-time posts shall be set up in people's governments at the township level to take charge of forestry work.
Article 11 Planting trees and protecting forests are the bounden duty of every citizen. People's governments at all levels shall launch afforestation activities and mobilize citizens for planting trees on a voluntary basis.
Article 12 Units or individuals that have achieved outstanding successes in afforestation, forest protection, forest administration and scientific research in forestry, etc. shall be rewarded by people’s governments at different levels.
Chapter II Forest Management and Administration
Article 13 The competent forestry departments at all levels shall, in accordance with the provisions of this Law, administer and supervise the protection, utilization and regeneration of forest resources.
Article 14 The competent forestry departments at all levels shall be responsible for organizing surveys and keeping files of records on forest resources so as to have a good grasp of the changes in forest resources.
Article 15 The following forests and trees and the right to use the following forest land may be transferred according to law and they may also be valued and converted as shares or used as funds or conditions for joint or co-operative afforestation or tree management according to law, provided that no forest land is changed into non-forest land:
(1) timber forests, economic forests and firewood forests;
(2) the right to use the land of timber forests, economic forests and firewood forests;
(3) the right to use the cut-over land and brulee of timber forests, economic forests and firewood forests; and
(4) the right to use other forests, trees and forest land stipulated by the State Council.
Where the forests or trees or the right to use the forest land are transferred and where they are valued and converted as shares or used as funds or conditions for joint or co-operative afforestation or tree management in accordance with the provisions of the preceding paragraph, the licenses obtained for tree felling may be transferred at the same time, the two parties involved shall observe the provisions of this Law governing the felling of forests and trees and reforestation.
No forests or trees and no right to use forest land other than the ones as provided for in the first paragraph of this Article may be transferred.
Specific measures in this respect shall be formulated by the State Council.
Article 16 The people's governments at all levels shall each work out a long-term forestry development plan. State-owned forestry enterprises and institutions as well as nature reserves shall, in accordance with the long-term forestry development plan, formulate their own forest management plans and submit them to the competent departments at the next higher level for approval before putting them into effect.
The competent forestry departments shall direct the rural collective economic organizations, State-owned agricultural and pastoral farms, industrial enterprises and mines in drawing up their forest management plans.
Article 17 Disputes arising between units over ownership or right of use of trees or forest land shall be handled by people’s governments at or above the county level according to law.
Disputes arising between individuals or between individuals and units over ownership of trees or right of use of forest land shall be handled by the local people’s governments at the county or township level according to law.
A party to a dispute who refuses to accept the decision of the people's government may bring a suit in a People's Court within one month after receiving notification of the decision.
Pending a settlement of the dispute over the ownership of trees or right of use of forest land, neither of the parties involved may fell the trees under dispute.
Article 18 No forest land or only a small tract of forest land may be used for prospecting or exploiting mineral resources or for constructing projects. Where it is necessary to use or requisition forest land, the unit that wishes to use the land shall, after examination and approval by the competent forestry department of the people’s government at or above the county level, go through the formalities of examination and approval for the use of the land for construction in accordance with laws and administrative rules and regulations regarding land administration and pay forest vegetation recovery fees in accordance with the relevant regulations of the State Council. Forest vegetation recovery fees shall be used for no other purposes; the competent forestry department shall, in accordance with relevant regulations, make unified arrangement for afforestation and forest vegetation recovery, and the afforestation area shall be no smaller than the forest vegetation area to be used or requisitioned. The competent forestry department at a higher level shall, at regular intervals, exercise supervision over and inspection of afforestation and forest vegetation recovery conducted by such department at a lower level.
No unit or individual may divert the forest vegetation recovery fees for other purposes. Auditing organs of the people’s governments at or above the county level shall exercise strict supervision over the use of forest vegetation recovery fees.
Chapter III Forest Protection
Article 19 Local people's governments at various levels shall make arrangements for the relevant departments to set up organizations to be responsible for forest protection. They shall, in light of the actual needs, increase facilities in large forest areas for their effective protection, urge grass-roots units which own forests or which are located in forest areas to formulate forest protection pledges, mobilize the masses to protect the forests, delimit the areas of responsibility for forest protection and appoint full-time or part-time forest guards.
Forest guards may be appointed by people's governments at the county or township level. The main duties of forest guards are: patrol the forests and prevent forest resources from being destroyed. Forest guards shall have the right to request the local departments concerned to deal with persons who cause damage to forest resources.
Article 20 Forestry public security organs, established in forest areas in accordance with the relevant regulations of the State, are in charge of maintaining public security and order and protecting the forest resources in the areas under their jurisdiction, and they may also, acting in accordance with the provisions of this Law and within the limits of their power authorized by the competent forestry department under the State Council, exercise the right of imposing administrative penalties as provided for in Articles 39, 42, 43 and 44 of this Law.
Forestry armed police units shall carry out the tasks entrusted by the State of protecting against and extinguishing forest fires.
Article 21 Local people's governments at various levels shall adopt practical measures to prevent and fight forest fires:
(1) fix fire prevention periods in forests. During such periods, it is forbidden to use fire in the open air in a forest area. Where the use of fire is necessary under special circumstances, prior approval shall be secured from a people's government at the county level or a department with its authorization;
(2) install fire prevention facilities in forest areas;
(3) immediately mobilize the local servicemen and civilians as well as the departments concerned to fight forest fire the moment it breaks out; and
(4) in case people are wounded, disabled or killed in fighting forest fires, those who are government employees shall be given medical treatment and pensions by their own units, which shall also grant pensions to families of the deceased. If the persons wounded, disabled or killed are not government employees, the medical treatment and pensions shall be provided by the units where the fire occurs, in accordance with the regulations laid down by the relevant competent departments under the State Council; if the units where the fire occurs are not responsible for the fire or are really incapable of bearing such expenses, the medical treatment and pensions shall be provided by the local people's government.
Article 22 The competent forestry departments at various levels shall be responsible for making arrangements for prevention and control of plant diseases and insect pests in the forests.
The competent forestry departments shall be responsible for determining the categories of forest tree seeds and seedlings that should be quarantined, delimiting quarantine zones and protection zones and instituting quarantine on tree seeds and seedlings.
Article 23 It is forbidden to disafforest for purposes of reclaiming land, quarrying stone and digging sand or earth as well as other purposes.
It is forbidden to cut firewood and graze animals in young growth areas and in forests for special uses.
People entering a forest or its fringe areas are forbidden to move, without authorization, or damage any markers set up for the benefit of forestry.
Article 24 The competent forestry department under the State Council as well as the people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government shall, for the purpose of better protection and administration, set up nature reserves in areas with typical forest ecology in different natural regions, forest areas where rare animals and plants propagate, natural tropical rain forests and other natural forest areas calling for special protection.
Administrative measures for nature reserves shall be formulated by the competent forestry department under the State Council and shall be implemented after approval by the State Council.
Rare trees growing outside the nature reserves as well as plant species of special value in the forest areas shall be well protected; they may not be felled or collected without approval obtained from the competent forestry department of a province, autonomous region, or municipality directly under the Central Government.
Article 25 It is forbidden to hunt wild animals that are under State protection in the forest areas. Where such animals have to be hunted for special needs, the matter shall be dealt with in accordance with the relevant laws and regulations of the State.
Chapter IV Tree Planting and Afforestation
Article 26 The people's governments at various levels shall work out afforestation plans and, in light of the specific local conditions, set forth targets for increasing the forest coverage of their own areas.
People's governments at various levels shall mobilize people of all walks of life and urban and rural inhabitants to fulfill the tasks assigned in the afforestation plans.
Afforestation on State-owned barren hills and wastelands that are suitable for afforestation shall be organized by the competent forestry departments and other competent departments; afforestation on collectively owned barren hills and wastelands shall be organized by collective economic organizations.
Afforestation of areas on both sides of railways, highways and rivers and around lakes and reservoirs shall be organized by the competent departments concerned in light of the actual local conditions; afforestation in industrial and mining areas, on grounds occupied by government departments and schools, around army barracks as well as in areas managed by agricultural, pastoral and fish farms shall be carried out by those units respectively.
The barren hills and wastelands owned by the State and by collectives that are suitable for afforestation may be contracted by collectives or individuals for afforestation.
Article 27 The trees planted by State-owned enterprises and institutions, government departments, public organizations and army units shall be managed by them and the proceeds therefrom shall be controlled by them in accordance with State regulations.
Trees planted and managed by units under collective ownership shall be owned by them.
Trees planted by rural inhabitants around their houses and on private plots of cropland and hilly land shall be owned by themselves. Trees planted by urban inhabitants and staff members and workers in the courtyard of their privately owned houses shall be owned by themselves.
In cases where a collective or an individual contracts to afforest State-owned or collectively owned barren hills or wastelands that are suitable for afforestation, the trees planted pursuant to the contract shall be owned by the said collective or individual; if there are other provisions in the contract, such provisions of the contract shall be followed.
Article 28 Local people's governments shall be responsible for closing the newly cultivated young growth land and the hillsides that must be closed to facilitate afforestation.
Chapter V Forest Tree Felling
Article 29 The State, acting on the principle that the consumption rate of a timber forest should be lower than its growth rate, imposes strict control on the annual quota for forest felling. Annual quotas for felling State-owned forests and trees shall be worked out on the basis of a State-owned enterprise, institution, farm, factory or mine, and annual quotas for felling forests and trees owned by collectives and trees owned by individuals shall be worked out on the basis of a county. These quotas shall then be aggregated by the competent forestry departments of provinces, autonomous regions, or municipalities directly under the Central Government and examined by the people's governments at the corresponding level, before they are submitted to the State Council for approval.
Article 30 The State draws up a unified annual timber production plan, which shall not exceed the approved annual quota for tree felling. The scope covered by planning shall be defined by the State Council.
Article 31 The following provisions shall be observed in felling a forest or trees:
(1) Selection felling, clear felling and gradual felling may be carried out for mature timber forests in light of their different conditions. Clear felling shall be strictly controlled and reforestation shall be completed during the same year or the following year afterwards;
(2) Only for purposes of cultivation and regeneration may trees in shelter forests and in such forests for special uses as forests for national defence, seed forests, environmental protection forests and scenic forests be felled; and
(3) It is strictly forbidden to fell trees in such forests for special uses as trees at scenic spots and historical sites and places of historic significance in the Chinese revolution as well as the forests in nature reserves.
Article 32 Anyone who wishes to fell trees shall apply for a felling license and do the felling according to the provisions of the felling license, but exceptions shall be made for rural inhabitants who wish to fell their own trees growing here and there on their private plots or around their houses.
State-owned forestry enterprises and institutions, government departments, public organizations, army units, schools as well as other State-owned enterprises and institutions that wish to fell trees shall be issued felling licenses, after examination and in accordance with relevant regulations, by the competent forestry departments at or above the county level in the areas where they are located.
Where trees of protective belts along railways and highways as well as trees in cities and towns need be felled for regeneration, felling licenses shall be issued, after examination and in accordance with relevant provisions, by the competent departments concerned.
Rural collective economic organizations that wish to fell trees shall be issued felling licenses, after examination and in accordance with relevant regulations, by the competent forestry departments at the county level.
Rural inhabitants who wish to fell trees on their private plots of hilly land or trees of the collective that they contract for cultivation shall be issued felling licenses, after examination and in accordance with relevant regulations, by the competent forestry department at the county level or the people's government at the township or town level authorized by it.
The provisions of the preceding paragraphs shall apply to felling bamboo in bamboo forests cultivated mainly for producing bamboo timber.
Article 33 The departments in charge of examining applications for tree felling and issuing felling licenses may not issue such licenses in excess of the approved annual felling quotas.
Article 34 When applying for felling licenses, State-owned forestry enterprises and institutions shall submit documents of survey and design of the felling area. When applying for felling licenses, other units shall submit documents stating the purpose, location, types and existing state of the forest, the area, the growing stock involved, the method of felling, as well as measures for regeneration.
Where a unit fells trees in a felling area in violation of the pertinent rules, the department that issues the felling license shall have the right to revoke its license and put a stop to the felling until the said unit makes amends.
Article 35 Units or individuals that are to fell trees shall complete the task of reforestation in terms of the area, number of trees, types of trees and time limit as provided for in the felling licenses, and the area of reforestation and the number of trees required to be planted shall be no smaller than the original area and the number of trees felled.
Article 36 Measures for the management, supervision and administration of timber in forest areas shall be separately formulated by the State Council.
Article 37 A transportation license issued by the competent forestry department shall be required for transporting timber out of a forest area, except for timber under unified distribution by the State.
To units and individuals that have obtained felling licenses according to law and felled timber in accordance with the provisions of the felling licenses, the competent forestry department shall issue transportation licenses for them to transport the timber out of a forest area.
With the approval of the people's governments of provinces, autonomous regions or municipalities directly under the Central Government, timber check points may be set up in forest areas to supervise timber transportation. The timber check points shall have the right to stop anyone who transports timber without a transportation license or allocation notice issued by the competent department in charge of goods and material.
Article 38 The State prohibits and restricts the export of rare trees and their products and derivatives. A catalogue of such trees, products and derivatives shall be compiled and the restricted annual amount for their export shall be fixed by the competent forestry department under the State Council in conjunction with the relevant departments under the State Council, and both shall be submitted to the State Council for approval.
The export of the rare trees or their products and derivatives, whose export is restricted under the provisions of the preceding paragraph, shall be examined by the competent forestry department under the people’s government of the province, autonomous region or municipality directly under the Central Government where the exporter is located and shall be submitted to the competent forestry department under the State Council for approval, and the Customs shall let the same pass on the strength of the document of approval issued by the competent forestry department under the State Council. Where the trees or their products and derivatives to be imported or exported come under the category of imminently endangered species, whose import and export are restricted by the international treaties which China has acceded to, the importer and exporter shall, in addition, apply to the State institution in charge of import and export of imminently endangered species for a permission certificate, and the Customs shall let the same pass on the strength of such a certificate.
Chapter VI Legal Liabilities
Article 39 Whoever illegally fells trees, bamboo, etc. shall compensate for the losses according to law; the competent forestry department shall order him to plant ten times the number of trees illegally felled, confiscate the trees illegally felled or the gains from the sale of them, and fine him not less than three times but not more than ten times the value of the trees illegally felled.
Whoever indiscriminately fells trees, bamboo, etc. shall be ordered by the competent forestry department to plant five times the number of trees, etc. indiscriminately felled and shall be fined not less than two times but not more than five times the value of the trees, etc. indiscriminately felled.
Where a person who violates the law refuses to replant trees or fails to do so in compliance with the regulations of the State, the competent forestry department shall do the replanting instead, and the person shall pay the expense thus incurred.
Whoever illegally or indiscriminately fells trees, bamboo, etc., if the violation constitutes a crime, shall be investigated for criminal responsibility in accordance with law.
Article 40 Whoever, in violation of the provisions of this Law, illegally fells or damages rare trees shall be investigated for criminal responsibility in accordance with law.
Article 41 Where a competent forestry department, in violation of the provisions of this Law, issues tree felling licenses in excess of the approved annual felling quotas or issues tree felling licenses, timber transportation certificates, export permission documents, or import and export permission certificates by overstepping of authority, the competent forestry department of the people’s government at the next higher level shall order it to rectify the violation and shall, in accordance with law, impose administrative sanctions on the persons who are directly in charge and the other persons who are directly responsible; where the competent forestry department of the said people’s government fails to have the violation rectified, the competent forestry department under the State Council may handle the case directly; where a crime is constituted, criminal responsibility shall be investigated in accordance with law.
Article 42 Where a person, in violation of the provisions of this Law, buys or sells tree felling licenses, timber transportation certificates, export permission documents or import and export permission certificates, the competent forestry department shall confiscate the said licenses, certificates or documents and the illegal gains therefrom and fine him not less than one time but not more than three times the money spent on illegally buying or gained from illegally selling such licenses, certificates or documents. If the violation constitutes a crime, the person shall be investigated for criminal responsibility in accordance with law.
Whoever counterfeits tree felling licenses, timber transportation certificates, export permission documents or import and export permission certificates shall be investigated for criminal responsibility in accordance with law.
Article 43 Where a person illegally buys trees in a forest area while clearly knowing that they are illegally or indiscriminately felled, the competent forestry department shall order him to stop buying the trees, or confiscate the illegally or indiscriminately felled trees he illegally buys or the gains he obtains from selling them, and it may also fine him not less than one time but not more than three times the money he spends on illegally buying the trees. If a crime is constituted, he shall be investigated for criminal responsibility in accordance with law.
Article 44 Whoever, in violation of the provisions of this Law, reclaims land, quarries stone, digs sand or earth, gathers seeds or resin or engages in other activities and thereby causes damage to forests and trees shall compensate the losses according to law; the competent forestry department shall order him to stop violating the provisions and to replant not less than one time but not more than three times the number of trees damaged, and it may also fine him not less than one time but not more than five times the value of the forests and trees damaged.
Whoever, in violation of the provisions of this Law, cuts firewood or grazes animals in young growth areas and forests for special uses and thereby causes damage to the forests and trees shall compensate the losses according to law; the competent forestry department shall order him to stop violating the provisions and to replant not less than one time but not more than three times the number of trees damaged.
Where a person who violates the law refuses to replant the trees or fails to do so in compliance with the relevant regulations of the State, the competent forestry department shall do the replanting instead, and the person shall pay the expense thus incurred.
Article 45 Where lumbering units or individuals fail to accomplish their tasks of regeneration of forests as required, the departments issuing felling licenses shall have the right to stop issuing them such licenses until they fulfill the tasks. If the circumstances are serious, they may be fined by the competent forestry department, and the persons who are directly responsible shall be given administrative sanctions by the units to which they belong or by the competent department at the next higher level.
Article 46 Any member of the competent forestry department for protection of forest resources and for forestry supervision and administration or any functionary of other State organs concerned who abuses his power, neglects his duty or conducts malpractices for personal gain, if the case constitutes a crime, shall be investigated for criminal responsibility in accordance with law; if the case is not serious enough to constitute a crime, he shall be given administrative sanction according to law.
Chapter VII Supplementary Provisions
Article 47 The competent forestry department under the State Council shall, in accordance with this Law, formulate measures for its implementation, which shall be enforced after being approved by the State Council.
Article 48 In national autonomous areas in which the provisions of this Law cannot be applied in, the organs of self-government there may, in light of the principles of this Law and the characteristics of those autonomous areas, formulate adoptive or supplementary provisions, which shall be submitted according to the legally prescribed procedure to the standing committee of the provincial or autonomous regional people's congress or to the Standing Committee of the National People's Congress for approval before they are implemented.
Article 49 This Law shall go into effect on January 1, 1985.
