Forestry Law of the People's Republic of China (Revised in 2019)
Forestry Law of the People's Republic of China (Revised in 2019)
Forestry Law of the People's Republic of China (Revised in 2019)
Order of the President of the People's Republic of China No. 39
December 28, 2019
The Forestry Law of the People's Republic of China, which was revised and adopted at the 15th Session of the Standing Committee of the 13th National People's Congress of the People's Republic of China on December 28, 2019, is hereby promulgated and shall come into effect as of July 1, 2020.
Xi Jinping, President of the People's Republic of China
Forestry Law of the People's Republic of China (Revised in 2019)
(Adopted at the Seventh Session of the Standing Committee of the Sixth National People's Congress on September 20, 1984; amended for the first time in accordance with the Decision on Amending the Forestry Law of the People's Republic of China adopted at the Second Session of the Standing Committee of the Ninth National People's Congress on April 29, 1998; amended for the second time in accordance with the Decision on Amending Certain Laws adopted at the Tenth Session of the Standing Committee of the 11th National People's Congress on August 27, 2009; and revised at the 15th Session of the Standing Committee of the 13th National People's Congress on December 28, 2019)
Table of Contents
Chapter I General Provisions
Chapter II Forest Ownership
Chapter III Development Planning
Chapter IV Forest Protection
Chapter V Afforestation and Greening
Chapter VI Management and Administration
Chapter VII Supervision and Inspection
Chapter VIII Legal Liability
Chapter IX Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted with a view to implementing the concept that lucid waters and lush mountains are invaluable assets, protecting, cultivating and rationally utilizing forest resources, accelerating afforestation of our land, ensuring forest ecological security, building ecological civilization, and achieving harmonious coexistence between human and nature.
Article 2 This Law shall apply to those engaged in such activities as protection, cultivation and utilization of forests and forest trees as well as management and administration of forests, forest trees and forest lands within the territory of the People's Republic of China.
Article 3 Whoever protects, cultivates and utilizes forest resources shall respect for and conform to nature, and adhere to the principles of giving high priority to ecological environment and protection, combining protection and cultivation, and sustainable development.
Article 4 The State shall implement a target-oriented responsibility system and an appraisal and evaluation system for the protection and development of forest resources. People's governments at higher levels shall appraise the completion of forest resources protection and development goals, forest fire prevention, and major forestry pest prevention and control by people's governments at lower levels and disclose the appraisal results.
Local people's governments may establish a forest chief system in light of the needs for protection and development of forest resources within their respective administrative regions.
Article 5 The State shall take fiscal, taxation, financial and other measures to support the protection and development of forest resources. People's governments at all levels shall guarantee the investment in forest ecological protection and restoration to promote forestry development.
Article 6 The State shall, take the cultivation of a stable, sound, high-quality and efficient forest ecosystem as the aim, implement classified management and administration of public welfare forests and commercial forests, highlight dominant functions, and exert multiple functions to achieve sustainable utilization of forest resources.
Article 7 The State shall, establish a forest ecological benefit compensation system, intensify the efforts in supporting the protection of public welfare forests, improve the transfer payment policy in key ecological function zones, and guide people's governments of beneficiary regions and forest ecological protection regions to provide ecological benefit compensation through consultation or other modes.
Article 8 The State Council and people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, in accordance with the State's regulations on ethnic autonomous areas' right of autonomy, implement more preferential policies on forest protection and forestry development in ethnic autonomous areas.
Article 9 The competent forestry department under the State Council shall take charge of forestry work throughout the country. Competent forestry departments under people's governments at or above the county level shall take charge of forestry work within their respective administrative regions.
Township people's governments may set up relevant institutions or designate full-time and part-time personnel to undertake forestry related work.
Article 10 Tree planting, afforestation and protection of forests are the bounden duty of every citizen. People's governments at all levels shall mobilize citizens to launch tree-planting campaigns on a voluntary basis.
Arbor Day comes on March 12 every year.
Article 11 The State shall take measures to encourage and support forestry science research and publicize advanced and applicable forestry technologies, thus raising the forestry science and technology level.
Article 12 People's governments at all levels shall, strengthen forest resources protection publicity, education and knowledge popularization, encourage and support grassroots mass autonomous organizations, news media, forestry enterprises and public institutions, volunteers, etc. to carry out forest resources protection publicity activities.
Administrative departments of education and schools shall educate students on forest resources protection.
Article 13 Organizations or individuals that have achieved remarkable achievements in afforestation and greening, forest protection, forest management and administration as well as forestry science research, etc. shall be commended and rewarded in accordance with relevant state regulations.
Chapter II Forest Ownership
Article 14 Forest resources shall be owned by the State, except those owned by collectives as provided for by law.
The ownership of forest resources owned by the State shall be exercised by the State Council on behalf of the State. The State Council may authorize the competent department of natural resources under the State Council to perform the state-owned forest resources owner's duties in a unified manner.
Article 15 The ownership and use right of forest lands as well as forests and forest trees thereon shall be subject to uniform registration in registers and issuance of certificates by competent real estate registration institutions. The forests, forest trees and forest lands in key national forest zones (hereinafter referred to as "key forest zones") determined by the State Council shall be registered under the responsibility of the competent department of natural resources under the State Council.
The legitimate rights and interests of owners and users of forests, forest trees and forest lands shall be under the protection of law and may not be infringed upon by any organization or individual.
Owners and users of forests, forest trees and forest lands shall protect and rationally utilize forests, forest trees and forest lands in accordance with the law and may not illegally change the use of forest lands or destroy forests, forest trees and forest lands.
Article 16 State-owned forest lands as well as forests and forest trees thereon may be used by forestry operators as determined by law. The right to use state-owned forest lands as well as forests and forest trees thereon legally obtained by forestry operators may be transferred, leased, and valuated for investment upon approval, for which the specific measures shall be formulated by the State Council.
Forestry operators shall fulfill their obligations to protect and cultivate forest resources, ensure the steady growth of state-owned forest resources, and improve the ecological functions of forests.
Article 17 Where any collective-owned forest land or state-owned forest land collectively used by rural residents in accordance with the law (hereinafter collectively referred to as "collective forest land") is contracted for management, the contractor shall have the contracted management right of the forest land and the ownership of the forest trees on the contracted forest land, unless otherwise stipulated in relevant contracts. The contractor may, in accordance with the law, circulate the right to operate the forest land, the ownership of and right to use the forest trees by means of leasing (subcontracting), share investment, transfer, etc.
Article 18 A collective forest land and forest trees thereon which are not subject to contracted management shall be managed by corresponding rural collective economic organization in a unified manner. With the consent of more than two-thirds of villagers' meeting members or villager representatives consisting of members of the collective economic organization and upon publicity, the right to manage the forest land, the ownership of and the right to use the forest trees thereon may be circulated through tendering, auction, public consultation, etc. in accordance with the law.
Article 19 Written contracts shall be concluded for the circulation of the right to manage collective forest lands. A contract for circulation of the right to manage forest land shall generally contain such contents as the rights and obligations of the parties to the circulation, circulation period, circulation price and way of payment, disposal of forest trees and fixed production facilities on the forest land upon expiry of circulation period as well as liability for breach of contract.
Where a transferee violates legal provisions or contractual stipulations, thereby causing any severe damage to relevant forest, forest trees or forest land, the owner or the contractor shall have the right to recover the forest land management right.
Article 20 Forest trees planted by state-owned enterprises and public institutions, government authorities, social organizations and army units shall be managed and protected by the planting units, which shall control the proceeds derived therefrom in accordance with state regulations.
Forest trees planted by rural inhabitants around their houses and on private plots of croplands and hilly lands shall be individually owned by themselves.
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Order of the President of the People's Republic of China No. 39
December 28, 2019
The Forestry Law of the People's Republic of China, which was revised and adopted at the 15th Session of the Standing Committee of the 13th National People's Congress of the People's Republic of China on December 28, 2019, is hereby promulgated and shall come into effect as of July 1, 2020.
Xi Jinping, President of the People's Republic of China
Forestry Law of the People's Republic of China (Revised in 2019)
(Adopted at the Seventh Session of the Standing Committee of the Sixth National People's Congress on September 20, 1984; amended for the first time in accordance with the Decision on Amending the Forestry Law of the People's Republic of China adopted at the Second Session of the Standing Committee of the Ninth National People's Congress on April 29, 1998; amended for the second time in accordance with the Decision on Amending Certain Laws adopted at the Tenth Session of the Standing Committee of the 11th National People's Congress on August 27, 2009; and revised at the 15th Session of the Standing Committee of the 13th National People's Congress on December 28, 2019)
Table of Contents
Chapter I General Provisions
Chapter II Forest Ownership
Chapter III Development Planning
Chapter IV Forest Protection
Chapter V Afforestation and Greening
Chapter VI Management and Administration
Chapter VII Supervision and Inspection
Chapter VIII Legal Liability
Chapter IX Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted with a view to implementing the concept that lucid waters and lush mountains are invaluable assets, protecting, cultivating and rationally utilizing forest resources, accelerating afforestation of our land, ensuring forest ecological security, building ecological civilization, and achieving harmonious coexistence between human and nature.
Article 2 This Law shall apply to those engaged in such activities as protection, cultivation and utilization of forests and forest trees as well as management and administration of forests, forest trees and forest lands within the territory of the People's Republic of China.
Article 3 Whoever protects, cultivates and utilizes forest resources shall respect for and conform to nature, and adhere to the principles of giving high priority to ecological environment and protection, combining protection and cultivation, and sustainable development.
Article 4 The State shall implement a target-oriented responsibility system and an appraisal and evaluation system for the protection and development of forest resources. People's governments at higher levels shall appraise the completion of forest resources protection and development goals, forest fire prevention, and major forestry pest prevention and control by people's governments at lower levels and disclose the appraisal results.
Local people's governments may establish a forest chief system in light of the needs for protection and development of forest resources within their respective administrative regions.
Article 5 The State shall take fiscal, taxation, financial and other measures to support the protection and development of forest resources. People's governments at all levels shall guarantee the investment in forest ecological protection and restoration to promote forestry development.
Article 6 The State shall, take the cultivation of a stable, sound, high-quality and efficient forest ecosystem as the aim, implement classified management and administration of public welfare forests and commercial forests, highlight dominant functions, and exert multiple functions to achieve sustainable utilization of forest resources.
Article 7 The State shall, establish a forest ecological benefit compensation system, intensify the efforts in supporting the protection of public welfare forests, improve the transfer payment policy in key ecological function zones, and guide people's governments of beneficiary regions and forest ecological protection regions to provide ecological benefit compensation through consultation or other modes.
Article 8 The State Council and people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, in accordance with the State's regulations on ethnic autonomous areas' right of autonomy, implement more preferential policies on forest protection and forestry development in ethnic autonomous areas.
Article 9 The competent forestry department under the State Council shall take charge of forestry work throughout the country. Competent forestry departments under people's governments at or above the county level shall take charge of forestry work within their respective administrative regions.
Township people's governments may set up relevant institutions or designate full-time and part-time personnel to undertake forestry related work.
Article 10 Tree planting, afforestation and protection of forests are the bounden duty of every citizen. People's governments at all levels shall mobilize citizens to launch tree-planting campaigns on a voluntary basis.
Arbor Day comes on March 12 every year.
Article 11 The State shall take measures to encourage and support forestry science research and publicize advanced and applicable forestry technologies, thus raising the forestry science and technology level.
Article 12 People's governments at all levels shall, strengthen forest resources protection publicity, education and knowledge popularization, encourage and support grassroots mass autonomous organizations, news media, forestry enterprises and public institutions, volunteers, etc. to carry out forest resources protection publicity activities.
Administrative departments of education and schools shall educate students on forest resources protection.
Article 13 Organizations or individuals that have achieved remarkable achievements in afforestation and greening, forest protection, forest management and administration as well as forestry science research, etc. shall be commended and rewarded in accordance with relevant state regulations.
Chapter II Forest Ownership
Article 14 Forest resources shall be owned by the State, except those owned by collectives as provided for by law.
The ownership of forest resources owned by the State shall be exercised by the State Council on behalf of the State. The State Council may authorize the competent department of natural resources under the State Council to perform the state-owned forest resources owner's duties in a unified manner.
Article 15 The ownership and use right of forest lands as well as forests and forest trees thereon shall be subject to uniform registration in registers and issuance of certificates by competent real estate registration institutions. The forests, forest trees and forest lands in key national forest zones (hereinafter referred to as "key forest zones") determined by the State Council shall be registered under the responsibility of the competent department of natural resources under the State Council.
The legitimate rights and interests of owners and users of forests, forest trees and forest lands shall be under the protection of law and may not be infringed upon by any organization or individual.
Owners and users of forests, forest trees and forest lands shall protect and rationally utilize forests, forest trees and forest lands in accordance with the law and may not illegally change the use of forest lands or destroy forests, forest trees and forest lands.
Article 16 State-owned forest lands as well as forests and forest trees thereon may be used by forestry operators as determined by law. The right to use state-owned forest lands as well as forests and forest trees thereon legally obtained by forestry operators may be transferred, leased, and valuated for investment upon approval, for which the specific measures shall be formulated by the State Council.
Forestry operators shall fulfill their obligations to protect and cultivate forest resources, ensure the steady growth of state-owned forest resources, and improve the ecological functions of forests.
Article 17 Where any collective-owned forest land or state-owned forest land collectively used by rural residents in accordance with the law (hereinafter collectively referred to as "collective forest land") is contracted for management, the contractor shall have the contracted management right of the forest land and the ownership of the forest trees on the contracted forest land, unless otherwise stipulated in relevant contracts. The contractor may, in accordance with the law, circulate the right to operate the forest land, the ownership of and right to use the forest trees by means of leasing (subcontracting), share investment, transfer, etc.
Article 18 A collective forest land and forest trees thereon which are not subject to contracted management shall be managed by corresponding rural collective economic organization in a unified manner. With the consent of more than two-thirds of villagers' meeting members or villager representatives consisting of members of the collective economic organization and upon publicity, the right to manage the forest land, the ownership of and the right to use the forest trees thereon may be circulated through tendering, auction, public consultation, etc. in accordance with the law.
Article 19 Written contracts shall be concluded for the circulation of the right to manage collective forest lands. A contract for circulation of the right to manage forest land shall generally contain such contents as the rights and obligations of the parties to the circulation, circulation period, circulation price and way of payment, disposal of forest trees and fixed production facilities on the forest land upon expiry of circulation period as well as liability for breach of contract.
Where a transferee violates legal provisions or contractual stipulations, thereby causing any severe damage to relevant forest, forest trees or forest land, the owner or the contractor shall have the right to recover the forest land management right.
Article 20 Forest trees planted by state-owned enterprises and public institutions, government authorities, social organizations and army units shall be managed and protected by the planting units, which shall control the proceeds derived therefrom in accordance with state regulations.
Forest trees planted by rural inhabitants around their houses and on private plots of croplands and hilly lands shall be individually owned by themselves.
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