中华人民共和国防沙治沙法 Law of the Peoples Republic of China on Prevention and Control of Desertification

颁布日期：20010831 　实施日期：20020101 　颁布单位：全国人大常委会

　　Order of the President of the People's Republic of China

　　No.55

　　The Law of the People's Republic of China on Prevention and Control of Desertification, adopted at the 23 rd Meeting of the Standing Committee of the Ninth National People's Congress of the People's Republic of China on August 31,2001,is hereby promulgated and shall go into effect as of January 1,2002.

　　Jiang Zemin

　　President of the People's Republic of China

　　August 31,2001

　　（Adopted at the 23 rd Meeting of the Standing Committee of the Ninth National People's Congress on August 31,2001）

　　Contents

　　Chapter I General Provisions

　　Chapter II Plans for Prevention and Control of Desertification

　　Chapter III Prevention of Land Desertification

　　Chapter IV Rehabilitation of Desertified Land

　　Chapter V Supporting Measures

　　Chapter VI Legal Responsibility

　　Chapter VII Supplementary Provisions

　　Chapter I

　　General Provisions

　　Article 1 This Law is enacted to prevent and desertification, rehabilitate land, maintain eco-safety, and promote sustainable economic and social development.

　　Article 2 All activities for prevention of land desertification and for rehabilitation and exploitation of desertified land in the territory of the People's Republic of China shall be conducted in accordance with this Law.

　　Land desertification refers to the process of expansion of natural deserts, damage to vegetation on sandy soil, and sand and soil exposure induced by climatic variations and human activities.

　　Land desertification mentioned in this Law refers to the process of expansion of natural deserts, and the process of shifting sand development and of sand and soil exposure brought about by damage to vegetation or other ground covers on sandy soil, which are mainly caused by irrational human activities.

　　Desertified land mentioned in this Law includes land that has been desertified and land that markedly tends toward desertification. The specific scope shall be defined in the national plan for preventing and controlling desertification approved by the State Council.

　　Article 3 The following principles shall be observed in preventing and controlling desertification：

　　（1）to make unified plans, adapt measures to local conditions, implement the plans in a step-by-step manner, and combine regional prevention and control with key area prevention and control;

　　（2）to give priority to prevention, combine prevention with control and adopt integrated approaches in rehabilitating desertified land;

　　（3）to combine protection and restoration of vegetation with rational use of natural resources;

　　（4）to follow the law of ecology and rely on advancement of science and technology;

　　（5）to combine efforts improve ecological environment with efforts to help farmers and herdsmen to extricate themselves from poverty and become prosperous;

　　（6）to combine government support with local self-reliance, combine organization by the government with participation by people from all walks of life, and encourage units and individuals to contract for prevention and control of desertification; and

　　（7）to protect the legitimate rights and interests of people engaged in prevention and control of desertification.

　　Article 4 The State Council and the people's governments at or above the county level located in desertified regions shall incorporate plans for prevention and control of desertification into the national economic and social development plan, guaranteeing and supporting endeavors to prevent and control desertification.

　　The people's governments located in desertified regions shall take effective measures to prevent land desertification, rehabilitate desertified land

, maintain and improve the ecological quality in their respective administrative areas.

　　The State, in desertified regions, establishes a responsibility, appraisal, reward and punishment system with respect to the targets set to government leaders during their term of office. People's governments at or above the county level located in desertified regions shall report to the people's congresses and their standing committees at the corresponding level on prevention and control of desertification.

　　Article 5 Under the leadership of the State Council, the forestry administration department of the State Council shall be responsible for organization, coordinating and guiding the efforts made to prevent and control desertification throughout the country.

　　The administrative departments under the State Council for forestry, agriculture, water conservancy, land, environmental protection and the authority of meteorology shall, according to their duties prescribed by relevant laws and the division of responsibilities defined by the State Council, assume their respective responsibilities and cooperate closely with one another in their joint efforts to prevent and control desertification successfully.

　　Each of the local people's governments at or above the county level shall organize and exercise leadership over its subordinate departments, so that they will, according to the division of responsibility, assume their respective responsibilities and cooperate closely with one another in their joint efforts to prevent and control desertification successfully within their respective administrative areas.

　　Article 6 Units or individuals that use land have the obligation to prevent the land from being desertified.

　　Units or individuals that use desertified land have the obligation to rehabilitate the land.

　　Article 7 The State supports scientific research in prevention and control of desertification and the wide use of technology in this field, giving full play to the scientific research departments and institutions, training specialists, and improving the scientific and technological level in this endeavor.

　　The State supports international cooperation in prevention and control of desertification.

　　Article 8 The people's government shall commend and reward the units and individuals that have made noticeable achievements in prevention and control of desertification. Unit or individuals that have made outstanding contributions to protection and improvement of ecological quality shall be rewarded handsomely.

　　Article 9 The people's government at various levels located in desertified regions shall organize relevant departments to disseminate knowledge abut prevention and control of desertification, enhance the awareness of the need to prevent and control desertification, and increase their ability to do so.

　　Chapter II

　　Plans for Prevention and Control of Desertification

　　Article 10 Unified plans shall be made for prevention and control of desertification. All activities for prevention and control of desertification and exploitation of desertified land shall be conducted in compliance with plans for prevention and control of desertification.

　　In the plans for prevention and control of desertification, explicit stipulations regarding the time limit, steps, measures, etc. for curbing the expansion of land desertification, gradually reducing the area of desertified land shall be included. The detailed programmes for their implementation shall be incorporated into the five-year plan and the annual plan for national economic and social development.

　　Article 11 The forestry administration department under the State Council, along with the relevant departments under the State Council in charge of agriculture, water conservancy, land, and environment protection, shall formulate the national plan for Prevention and control

of desertification and submit it to the State Council for approval before implementation.

　　The people's goventments of provinces, autonomous regions and municipalities directly under the Central Government shall, in compliance with the national plan for prevention and control of desertification, formulate plans for prevention and control of desertification in their respective administrative areas and submit them to the State Council or the relevant departments designated by the State Council for approval before implementation.

　　The people's government of cities and counties located in desertified regions shall, according to the plans for prevention and control of desertification formulated by the people's government at the next higher level, make arrangements to work out plans for prevention and control of desertification in their respective administrative areas, and submit them to the people's governments at the next higher level for approval before implementation.

　　Revision of the plans for prevention and control of desertification shall be subject to approval by the approving department; without such approval, no unit or individual may revise the plans.

　　Article 12 The plans for prevention and control of desertification shall be formulated on the basis of such natural conditions as the geographic location of the desertified land, the category of the land, the condition of vegetation, climate, water resources and extent of land desertification, as well as its ecological an economic functions, and shall be designed to provide differentiated protection and to make all-purpose rehabilitation and rational use of desertified land.

　　Contiguous stretches of desertified land, that do not meet the conditions for rehabilitation during the planned

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