中华人民共和国森林法实施条例 Regulations for the Implementation of Forestry Law of the Peoples Republic of China

(Promulgated by Decree No. 278 of the State Council on January 2, 2000)
颁布日期：20000102 　实施日期：20000102 　颁布单位：国务院

　　Chapter One General Provisions

　　Article 1 These Provisions are formulated according to ( Forestry Law of the People's Republic of China ) (hereinafter referred to as "Forestry law").

　　Article 2 Forest reserves include forest, forest wood and forest land, as well as wild animals, plants and microbe dependent thereon surviving by depending on forest, forest wood and forest land. Forest includes arbor forest and bamboo forest. Forest wood includes tree and bamboo. Forest land includes arbor forest land with canopy density exceeding 0.2 as well as bamboo forest land, bush shrub forest land, open forest land, logging site, the site destroyed by fire, non-mature afforestion land, nursery land and land appropriate to the afforestation planed by the people's government at or above level.

　　Article 3 The State adopts registration system of forest, forest wood and forest land according to law. The ownership and right of use of legally registered forest, forest wood and forest land shall be protected by law. Any unit or individual shall not infringe. The pattern of the certificate of ownership of forest, forest wood and forest land shall be stipulated by the competent forestry authority of State Council.

　　Article 4 The state-owned forest, forest wood or forest land used by law shall be registered in accordance with the following provisions: (1) The unit using forest, forest wood or forest land of key state-owned forest zone confirmed by the State Council (hereinafter referred to as "key forest zone"), shall submit registration application to the competent forestry authority of the State Council, and the competent forestry authority of the State Council shall record the registration, examine and issue certificates, and confirm the right of using the forest, forest wood or forest land as well as the title of forest wood owned by the user; (2) Units or individuals using stated-owned forest, forest wood or forest land crossing administrative domains, shall submit registration application to the competent forestry authority of their common people's government above high level, and the said people's government shall record the registration, examine and issue certificates, and confirm the right of using the forest, forest wood or forest land as well as the title of forest wood owned by the user; (3) Units or individuals using other state-owned forest, forest wood or forest land, shall submit registration application to the competent forestry authority of the local people's government at or above county level, and the local people's government at or above county level shall record the registration, examine and issue certificates, and confirm the right of using the forest, forest wood or forest land as well as the title of forest wood owned by the user. The state-owned forest, forest wood or forest land unconfirmed in the right of use shall be recorded, protected and managed by the people's government at county level.

　　Article 5 Where a collective owns forest, forest wood or forest land, the owner shall submit registration application to the competent forestry authority of the local people's government at or above county level where the same is located, and the people's government at county level shall record registration, examine and issue certificate, and confirm title. For forest wood owned by unit or individual, the owner shall submit registration application to the competent forestry authority of the people's government at county level where the same is located, and the people's government at county level shall record registration, examine and issue certificate, and confirm title of the same. Units and individuals using collectively owned forest, forest wood or forest land, shall submit registration application to the competent forestry authority of th

e people's government at or above county level where the same is located, and the people's government at or above county level shall make volumes at a registry, examine and issue certificates, and define title of the same.

　　Article 6 The ones alter the ownership and the right of use of forest, of forest wood and of forest land, they shall handle the commission for effecting changes in registration according to law.

　　Article 7 The competent forestry authority of the people's government at or above county level shall establish files on the management of forest, forest wood and forest land.

　　Article 8 For national focal point shelter belt, and forest for special uses, the competent forestry authority of State Council shall produce opinions and report to the State Council for approval, then promulgate it; for local key shelter forest and forest for special use, the competent forestry authority of the people's government of a province, autonomous region or municipality directly under the central authority shall produce opinions and report to the people's government at the same level for approval, then promulgate it; for other shelter forest, timber forest or special-use forest as well as economic forest or fuel forest, the competent forestry authority of people's government at county level shall demarcate according to the state's relevant regulations on forest categorization and the arrangement and organization of the People's government at the same level, and report to the people's government at the same level for approval and promulgation. The area of key shelter forest and special-use forest within the administrative domain of province, autonomous region or municipality directly under central authority shall not be less than 30% of the total forest area of the said administrative domain. Modification of forest category approved and promulgated to other forest category shall be reported to the original approving and promulgating authority.

　　Article 9 The capital drawn according to section 1 (5) Article 8 of the Forestry Law must be specially used for the timber forest such as planting pit prop and the forest used for making paper and etc., and shall not be embezzled. The auditing authority and competent forestry authority shall strengthen supervision.

　　Article 10 The forest resource supervisory authority sent by the competent forestry authority the of State Council to key forest zone shall strengthen supervision and inspection on the protection and management of forest resources within key forest zone.

　　Chapter 2 Operation and Management of Forest

　　Article 11 The competent forestry authority of the State Council shall periodically monitor the situation of extinction and growth of forest resources and changes of forest ecological environment. Forest resource investigation, file establishment, formulation of forest operation plan and other work of key forest zone shall be organized and implemented by the competent forestry authority of the State Council; other forest resource inspection, file establishment, formulation of forest operation plan and etc., shall be organized and implemented by the competent forestry of the local people's government authority at or above county level.

　　Article 12 The formulation of long-term forestry plan shall abide by the following principles: (1) Protection of ecological environment and promotion of sustainable economic development; (2) Based on the existing forest resources; (3) Compatible with the overall plan of land utilization, water and soil conservation plan, city plan, village and town plan.

　　Article 13 The long-term forestry plan shall include: (1) Forestry development target; (2) Ratio of forest categories; (3) Forest land protection and use plan; (4) Tree planting and afforestation plan.

　　Article 14 The national long-term forestry plan shall be formulated by the competent forestry authority of the St

ate Council in conjunction with other relevant departments, and be reported to the State Council for approval, then implementation. The national long-term forestry plan at various levels shall be formulated by the competent forestry authority of the people's government at or above county level in conjunction with other relevant departments, and be reported to the State Council for approval and then implementation. The long-term forestry plan at a lower level shall be formulated based upon the long-term forestry plan at above high level. The adjustment of modification to the long-term forestry plan shall be reported to the original approving authority for approval.

　　Article 15 The state protects the lawful rights and interests of the operator of forest, forest wood or forest land according to law. Any unit or individual is prohibited to invade illegally the forest woods owned and the forest land used by the operator according to law. The operator of timber forest, economic forest or fuel forest enjoys right of operation, benefits and other lawful rights and interests according to law. The operator of Shelter forest or special-use forest enjoys right of forest ecological benefits compensation.

　　Article 16 In the event of surveying or exploiting mineral resources, or constructing road, water conservancy, power, communication and etc. projects needing to occupy or confiscate forest land, the following provisions must be adhered to: (1) The unit using the land shall submit land use application to the competent forestry authority of the people's government at or above county level, and, after examination and approval, prepay forest cover restoration fees according to the standard stipulated by the state and collect approval document on forest land usage. The unit using the land shall conduct examination and approval procedures for use of

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