Forestry Law of the People's Republic of China (Amended in 2009)
Forestry Law of the People's Republic of China (Amended in 2009)
Forestry Law of the People's Republic of China (Amended in 2009)
Order of the President of the People's Republic of China No.18
August 27, 2009
(Adopted at the 7th session of the Standing Committee of the 6th National People's Congress on September 20, 1984 and issued under the Order of the President of the People's Republic of China No. 17 on September 20, 1984; amended for the first time in accordance with the Decisions on Revising the Forestry Law of the People's Republic of China passed at the 2nd session of the Standing Committee of the 9th National People's Congress on April 29, 1998; and amended for the second time in accordance with the Decision on Amending Certain Laws passed at the 10th session of the Standing Committee of the 11th National People's Congress on August 27, 2009)
Table of 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.
(Relevant articles: Legislation 2)
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.
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Order of the President of the People's Republic of China No.18
August 27, 2009
(Adopted at the 7th session of the Standing Committee of the 6th National People's Congress on September 20, 1984 and issued under the Order of the President of the People's Republic of China No. 17 on September 20, 1984; amended for the first time in accordance with the Decisions on Revising the Forestry Law of the People's Republic of China passed at the 2nd session of the Standing Committee of the 9th National People's Congress on April 29, 1998; and amended for the second time in accordance with the Decision on Amending Certain Laws passed at the 10th session of the Standing Committee of the 11th National People's Congress on August 27, 2009)
Table of 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.
(Relevant articles: Legislation 2)
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.
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