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

nd owned by the collectives of farmers shall take measures to rehabilitate such land in order to improve the soil quality. Those who are really not capable of accomplishing the task may entrust, or enlist the cooperation of, other persons to rehabilitate the desertified land. In this connection, an agre

ement shall be signed to define the rights and obligations of each party.

　　The people's governments, the relevant administrative departments and technical advice stations located in desertified regions shall provide the persons enjoying the right to the use of the land and the contractors for managing the land with technical guidance in their efforts to rehabilitate the desertified land.

　　When person enjoying the right to the use of land and contractors, in their efforts to rehabilitate desertified land, take measures to convert reclaimed land into forests or grasslands, plant tress and grass, or enclose areas for tending purposes, they shall, in accordance with relevant State regulations, be entitled to preferential policies adopted by people's government.

　　Article 26 Units or individuals that do not have land ownership or the right to the use of land but wish to engage in profit-making rehabilitation activities shall sign an agreement in advance with the landowner or the person that has the right to the use of the land in order to acquire such right in accordance with law.

　　Before starting rehabilitation, the units or individuals engaged in profit-making rehabilitation shall submit an application for rehabilitation, with the following documents attached, to the forestry administration department of the people's government at or above the county level located in the place where the rehabilitation project is to be launched or the relevant administrative department designated by the said government：

　　（1）lawful document of the land ownership or the right to the use of the land and rehabilitation agreement;

　　（2）the rehabilitation proposals conforming to the plan for prevention and control of desertification; and

　　（3）certificate of funds needed for rehabilitation.

　　Article 27 The rehabilitation proposals mentioned in Subparagraph（2）of the second paragraph in Article 28 of this Law shall include the following：

　　（1）the rehabilitation scope and boundary;

　　（2）phased goals and time limit for rehabilitation;

　　（3）major rehabilitation measures;

　　（4）sources and quota of water supply approved by the local water resources administration department;

　　（5）purpose of land use and measures for vegetation protection and control after rehabilitation; and

　　（6）other particulars needed to be stated clearly.

　　Article 28 The units and individuals enjoying in profit-making rehabilitation shall act in conformity with the rehabilitation proposals.

　　The State protects the legitimate rights and interests of the units and individuals that are engaged in rehabilitation of desertified land. Without their permission, no unit or individual may carry out rehabilitation or exploitation on the land of which they have acquired lawful ownership or the lawful right to the use.

　　Article 29 After completing the rehabilitation task, the units or individuals concerned shall submit applications for inspection and acceptance to the administrative department that accepts the rehabilitation applications. The said department shall issue rehabilitation qualification certificates to those who pass the inspection. Those who fail shall continue rehabilitation of the desertified land.

　　Article 30 Along both sides of railways, highways, rivers and water channels, and around cities, towns, villages, factories, mines and reservoirs in regions where land has been desertified, a responsibility system for rehabilitation on a unit basis shall be applied. The local people's government at or above the county level shall issue letters of rehabilitation responsibilities to the units. The said units shall be responsible for enlisting efforts to plant trees and grass or taking other rehabilitation measures.

　　Article 31 The people's government at various levels located in desertified regions may get the local rural collective ec

onomic organizations and their members organized, on a volutary basis, to concentrate their efforts on rehabilitation the desertified land. The funds and labor put in by the said organizations and their members may be converted into shares or capital funds for the rehabilitation projects, or be compensated by other means.

　　Chapter V

　　Supporting Measures

　　Article 32 The State Council and the people's governments at various levels located in desertified regions shall, on the basis of their plans for prevention and control of desertification, allocate funds from their respective budgets to the budgeted projects, to be used on the projects determined by them. When making plans for projects in respect of poverty alleviation, agriculture, water conservancy, road construction, minerals, energy resources and all-purpose exploitation of agriculture, they shall, in light of the specific conditions, plan for a number of sub-projects for prevention and control of desertification.

　　Article 33 The State Council and the people's government of provinces, autonomous regions, and municipalities directly under the Central Government shall formulate preferential policies to encourage and support units and individuals in their efforts to prevent and control desertification.

　　In conformity with relevant State regulations and on the basis of the area under prevention and control and the degree of difficulty, the local people's government at or above the county level shall, where the units and individuals engaged in prevention and control of desertification are concerned, apply preferential policies such as financial subsidy, interests which will be paid by budget and tax and fee reduction or exemption.

　　Units and individuals investing in prevention and control of desertification shall be exempted from all kinds of taxes during the period of investment. Certain taxes may be exempted or reduced when they begin to earn a specified amount profits.

　　Article 34 Any unit or individual that apply for rehabilitating desertified State-owned land shall, upon approval given by the people's government at or above the county level in accordance with law, enjoy the right to the use of the land for a maximum of 70 years. The specific number of years and the measures for management shall be formulated by the State Council.

　　Any unit or individual that intend to rehabilitate collectively owned desertified land shall sign a contract with the owner of the land. The specific number of years for the contract and obligations of the parties shall be laid down by the parties in the land-contracting agreement pursuant to law. The county people's government shall, in accordance with law, issue to the unit or individual a certificate of land use right in order to protect the right of the unit or individual to the use of the desertified land owned by the collective.

　　Article 35 Where, for the special need of ecological protection, rehabilitated land is designated, upon approval, as natural reserve or enclosed and forbidden reserve of desertified land, the approving authority shall give reasonable financial compensation to the units or individuals that have rehabilitated the land.

　　Article 36 The State, in light of the need for prevention and control of desertification, makes arrangements for launching key scientific research projects and demonstration and popularization projects for prevention and control and desertification, and adopts preferential policies such as financial subsidy, reduction or exemption of taxes in respect of scientific research and technology popularization in prevention and control of desertification, enjoy resources in the desertified land area, cultivation of desert economic crops, water-efficient irrigation, prevention of grassland degradation, non-irrigated farming in sandy land, etc.

　　Article 37 No Unit or individual may withhold or misappropriate the f

unds earmarked for prevention and control of desertification.

　　The audit offices of the people's government at or above the county level shall, pursuant to law, audit and supervise the use of funds earmarked for prevention and control of desertification.

　　Chapter VI

　　Legal Responsibility

　　Article 38 Anyone who, in violation of the provisions in the first paragraph of Article 22 of this Law, engages in activities damaging the vegetation in the enclosed and forbidden reserves of desertified land, shall be ordered by the forestry or agriculture（animal husbandry）administration department of the local people's government at or above the county level, within the limits of its duties, to desist from the unlawful act, the illegal gains, if any, shall be confiscated; if a crime is constituted, criminal responsibility shall be investigated in accordance with law.

　　Article 39 Where persons who enjoy the right to the use of State owned land or contractors who have the right to the management of the land owned by the collectives of farmers, in violation of the provisions in the first paragraph of Article 25 of this Law, fail to take measures to prevent and control desertification, thus causing serious desertification of land, the agriculture（animal husbandry）or forestry administration department of the people's government at or above the county level shall, within their respective limits of duties, order them to rehabilitate the land within a time limit; where State-owned land is

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