中华人民共和国森林法（修正） Forest Law of the Peoples Republic of China

d by rural inhabitants at the front and back of their farm houses, on plots of land for personal needs and plots on hills for personal needs belong to the said individuals. Trees planted by urban and township inhabitants, workers and staff members in the courtyards of their own houses belong to the said ind

ividuals.

　　For state-owned and collective-owned barren hills and waste lands suitable for afforestation contracted out to collectives or individuals for afforestation, the trees planted after contracting belong to the contracting collectives or individuals; provisions of the contract shall be adhered to in case of separate provisions in the contract.

　　Article 28 Local people's governments shall organize closure of mountains and hills for afforestation in newly-planted young forest lands and other places that necessitate the closure of mountains and hills for afforestation.

　　Chapter V Forest Felling

　　Article 29 The State strictly controls the annual rate of forest felling in accordance with the principle that the rate of consumption is lower than the rate of growth. Annual quotas for felling shall be worked out by state-owned forestry enterprises and institutions, farms, factories and mines as units with respect to the state-owned forests and woods and by counties as units with respect to collective-owned forests and woods and individually-owned woods which shall be collected and consolidated by the competent departments of forestry of the provinces, autonomous regions and municipalities directly under the Central Government and submitted to the State Council for approval upon examination and verification by people's governments at the corresponding level.

　　Article 30 The State formulates a unified annual timber production plan. The annual timber production plan must not exceed the approved annual quota for felling. The scope of plan control shall be specified by the State Council.

　　Article 31 The following provisions must be abided by in the felling of forests and woods:

　　(1) For mature timber forests the modes of selective felling, total felling or gradual felling should be employed in the light of different conditions. Total felling shall be strictly controlled and renewed afforestation shall be completed within the same year of felling or the following year.

　　(2) Only felling in the nature of tending and renewal is permitted in shelter forests and such special-purpose forests as national defence forests, mother tree forests, environmental protection forests and ornamental forests.

　　(3) Felling is strictly prohibited in such special-purpose forests as woods at ancient and historic sites and revolutionary memorial places and forests in nature reserves.

　　Article 32 Anyone who intends to fell timber must apply for a felling permit and the felling must be carried out pursuant to the provisions of the permit; but rural inhabitants who intend to fell scattered trees owned individually by themselves and growing on plots of land for their personal needs or at the front and back of their farm houses are excluded.

　　For timber felling by state-owned forestry enterprises and institutions, organs, societies, armed units, schools and other state-owned enterprises and institutions, the felling permits shall be issued, upon examination and verification, by the competent departments of forestry at or above the county level of the locality where they are located pursuant to relevant provisions.

　　For renewal felling of railway and highway protection forests and urban and township trees, the felling permits shall be issued, upon examination and verification, by the competent departments concerned pursuant to relevant provisions.

　　For timber felling by rural collective economic organizations, the felling permits shall be issued, upon examination and verification, by the competent departments of forestry at the county level pursuant to relevant provisions.

　　For the felling of trees on plots of hills or mountains for personal needs by rural inhabitants and collective woods contracted out to individuals, the felling permits shall be issued, upon examination and verification, by the competent departments of forestry at the co

unty level or the village or township people's governments entrusted by them pursuant to relevant provisions.

　　Provisions of the afore-said paragraphs apply to the felling of bamboo groves with production of bamboo materials as the main aim.

　　Article 33 Departments in charge of examination, verification and issuance of felling permits must not issue felling permits beyond the approved annual felling quotas.

　　Article 34 State-owned forestry enterprises and institutions must, in applying for felling permits, present documents on survey and design of the felling area. Other units must, in applying for felling permits, present documents on the purpose, location, forest type, forest status, area, retained area, mode of felling and renewal measures relating to the felling.

　　A felling permit issuing department has the power to withdraw the felling permit from a unit that fails to conform to provisions in felling operations and suspend its felling operations until a rectification has been made.

　　Article 35 Timber felling units or individuals must, pursuant to the area, number of trees, species of trees and time period specified in the felling permits, complete the tasks of renewal and afforestation. The area of renewal and afforestation and number of trees to be planted anew must not be less than the felling area and number of trees already felled.

　　Article 36 Control measures for the management and supervision of timber in forest regions shall be formulated separately by the State Council.

　　Article 37 A transport permit issued by the competent departments of forestry shall be required for transporting timber out of a forest region, except for the timber unifiedly allocated by the state.

　　The competent departments of forestry should issue transport permits for the transportation out of the forest regions of the timber felled pursuant to the provisions of the felling permits obtained in accordance with law.

　　With the approval of the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government, timber inspection stations may be set up in forest regions to be responsible for the inspection of timber transportation. Timber inspection stations have the power to stop the timber transportation without obtainment of transport permits or allocation notices issued by the competent departments of materials.

　　Article 38 The State prohibits and restricts the export of rare and precious trees and their products and derivatives. The catalogue and annual restricted export volume of rare and precious trees and their products and derivatives, the export of which is prohibited or restricted, shall be worked out by the competent department of forestry under the State Council in conjunction with the departments concerned under the State Council and submitted to the State Council for approval.

　　Whoever intends to export rare and precious trees or their products and derivatives, the export of which is restricted as specified in the preceding paragraph, must go through the examination and verification of the competent departments of forestry under the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government wherein the exporter is located, and then report to the competent department of forestry under the State Council for approval. The customs gives clearance on the strength of the approval document of the competent department of forestry under the State Council. For the import and export of those trees or their products and derivatives, which are among the endangered species and the import and export of which is restricted by an international convention to which China has acceded, an application for an import or export permit must be filed at the state import-export control agency for endangered species and the customs gives clearance on the strength

of the import or export permit.

　　Chapter VI Legal Liability

　　Article 39 Whoever engages in pirate felling of forest or other trees shall compensate for the losses incurred in accordance with law; the offender shall be ordered by the competent department of forestry to plant ten times the number of trees piratically felled, confiscated of the trees piratically felled or the gains from the sales of trees piratically felled, and concurrently imposed a fine of more than three times and less than ten times the value of the trees piratically felled.

　　Whoever engages in indiscriminate felling of forest or other trees shall be ordered by the competent department of forestry to plant five times the number of trees indiscriminately felled and concurrently imposed a fine of more than twice and less than five times the value of the trees indiscriminately felled.

　　If the offender refuses to plant trees or fails to conform to relevant state provisions in planting trees, the competent department of forestry shall do it on his/her behalf and the expenses required be paid by him/her.

　　Whoever piratically fells or indiscriminately fells forest or other trees shall, if a crime has been constituted, be investigated of the criminal liability according to law.

　　Article 40 Whoever illegally fells or destroys rare and precious trees in violation of the provisions of this Law shall be investigated of criminal liability according to law.

　　Article 41 Whoever issues timber fell

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