Grassland Law of the People's Republic of China (Amended in 2013)
Grassland Law of the People's Republic of China (Amended in 2013)
Grassland Law of the People's Republic of China (Amended in 2013)
Order of the President of the People's Republic of China No. 5
June 29, 2013
(Adopted at the 11th Meeting of the Standing Committee of the Sixth National People's Congress on June 18, 1985; amended for the first time at the 31st Meeting of the Standing Committee of the Ninth National People's Congress on December 28, 2002; and amended for the second time according to the Decision of the Standing Committee of the National People's Congress on Amending 12 Laws including the Cultural Relics Protection Law of the People's Republic of China at the 3rd Meeting of the Standing Committee of the 12th National People's Congress on June 29, 2013)
Chapter I General Provisions
Chapter II Ownership of Grasslands
Chapter III Planning
Chapter IV Development
Chapter V Use
Chapter VI Protection
Chapter VII Supervision and Inspection
Chapter VIII Legal Responsibility
Chapter IX Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted with a view to protecting, developing and making rational use of grasslands, improving the ecological environment, maintaining the diversity of living things, modernizing animal husbandry and promoting the sustainable development of the economy and society.
Article 2 This Law shall be applicable to all activities of grassland planning, protection, development, use and management conducted within the territory of the People's Republic of China. The term "grasslands" mentioned in this Law refers to natural and man-made grasslands.
Article 3 With regard to grasslands, the State applies the principles of scientific planning, all-round protection, giving priority to the development of key grasslands, and rational use, in order to promote the sustainable use of grasslands and the harmonious development of the ecology, economy and society.
Article 4 People's governments at all levels shall improve their administration in protection, development and use of grasslands and include such protection, development and use in their national economic and social development plans.
People's governments at all levels shall enhance dissemination of the knowledge, and education in the importance, of protection, development and use of grasslands.
Article 5 All units and individuals shall have the duty to observe the laws and regulations on grasslands and to protect the grasslands and shall, at the same time, have the right to supervise, inform against and accuse any violation of the laws and regulations on grasslands and damage of the grasslands.
Article 6 The State encourages and supports scientific research in protection, development, use and monitoring of grasslands, spreads the use of advanced technologies and achievements and trains scientists and technicians in this respect.
Article 7 The State awards all units and individuals that have made outstanding contributions to the management, protection, development and rational use of, and scientific search in, grasslands.
Article 8 The administrative responsible institution for grasslands under the State Council shall be in charge of supervision over the grasslands nationwide.
The administrative responsible institutions for grasslands of the local people's governments at or above the county level shall be in charge of supervision over the grasslands in their respective administrative areas.
People's governments of townships (towns) shall tighten supervision over and inspection of the protection, development and use of the grasslands in their own administrative areas and may, where necessary, have full- or part-time persons to be responsible for specific supervision and inspection.
Chapter II Ownership of Grasslands
Article 9 The grasslands are owned by the State, with the exception of the grasslands owned by collectives as provided for by law.
With respect to the State-owned grasslands, the State Council shall exercise the right of such ownership on behalf of the State. No unit or individual may take illegal possession of, trade in or illegally transfer in other forms the grasslands.
Article 10 The State-owned grasslands may, in accordance with law, be assigned for use to the units under the ownership by the whole people and to collective economic organizations.
All units that use the grasslands shall fulfill the duty of protecting, developing and rationally using the grasslands.
Article 11 With respect to the State-owned grasslands which, in accordance with law, are assigned for use to units under the ownership by the whole people and to collective economic organizations, the people's governments at or above the county level shall register such grasslands, issue certificates for the right of use to the said units and organizations after verification and thus establish their right to use such grasslands.
With respect to the State-owned grasslands, for which the right of use is not assigned, the people's governments at or above the county level shall register such grasslands and shall be responsible for their protection and control.
With respect to the grasslands owned by collectives, the people's governments at or above the county level shall register such grasslands, issue to the collectives the certificates of ownership after verification to and establish their right of ownership of such grasslands.
Where the ownership of grasslands is changed in accordance with law, the formalities for registration of shall be completed.
Article 12 The right of ownership and the right of use of the grasslands registered in accordance with law shall be protected by law, and no unit or individual may infringe upon such ownership or right.
Article 13 The grasslands owned by collectives or the State-owned grasslands which have been assigned for use to collective economic organizations may be contracted for management by households individually or jointly within the said collective economic organizations.
No adjustment may be made to the grasslands used by the contractors within the term of contractual management of the grasslands; where appropriate adjustments need be made to a few pieces of grasslands, the matter shall be subject to agreement by two-thirds or more members of the villagers (herdsmen) assembly, or two-thirds or more villagers' (herdsmen's) representatives, of the collective economic organization concerned and shall be reported for approval to the township (town) people's government and the administrative responsible institution for grasslands under the people's government at the county level.
Where grasslands owned by a collective or the State-owned grasslands which are assigned for use to a collective economic organization in accordance with law are contracted to units or individuals other than the ones of the said organization, the matter shall be subject to agreement by two-thirds or more members of the villagers (herdsmen) assembly, or two-thirds or more villagers' (herdsmen's) representatives, of the collective economic organization concerned and shall be reported for approval to the township (town) people's government.
Article 14 For contractual management of a piece of grasslands, the party contracting out the grasslands and the contracting party shall sign a written contract. The contents of the grassland contract shall include the rights and obligations of both parties, the four boundaries, area and grade of the contracted grasslands, the term of the contract and the starting and expiration dates, the purpose of use of the grasslands and the liabilities for breach of the contract, etc. At the expiration of the term of the contract, the original contractor shall, under equal conditions, have the priority of the right to contract.
The units and individuals for contractual management of grasslands shall fulfill the obligations of protecting, developing, and rationally using the grasslands in adherence to the purpose of use as agreed upon in the contract.
Article 15 The right to contractual management of grasslands is protected by law, and it may be transferred in accordance with law and on the principles of voluntariness and compensation.
The transferee of the right to contractual management of grasslands shall have the capability of pursuits in animal husbandry and shall fulfill the obligations of protecting, developing, and rationally using the grasslands in adherence to the purpose of use as agreed upon in the contract.
The transfer of the right to contractual management of grasslands shall be subject to agreement by the party contracting out the grasslands. The term of transfer agreed upon in the transfer contract by the contractor and the transferee may not exceed the remaining period of the original contract.
Article 16 Disputes over the ownership or the right of use of grasslands shall be settled by the parties through consultation; and where consultation fails, the disputes shall be handled by the people's government concerned.
Disputes between units shall be handled by the people's government at or above the county level; disputes between individuals or between individuals and units shall be handled by the township (town) people's government or the people's government at or above the county level.
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