(Adopted at the Seventh Meeting of the Standing Committee of the Sixth National People's Congress on September 20, 1984 and amended in accordance with the Decision on the Revision of the Forest Law of the People's Republic of China of the Second Meeting of the Standing Committee of the Ninth National People's Congress on April 29, 1998)
Chapter I General Provisions
Article 1 This Law is enacted with a view to protecting, cultivating and rationally exploiting forest resources, accelerating territorial afforestation and making use of forests in water storage and soil conservation, climate regulation, environmental improvement and supply of forest products to meet the requirements of socialist construction and people's livelihood.
Article 2 Engagement in activities of growing of saplings and planting, felling and exploitation of woods and forests, forests, woods and forest land management and administration within the territory of the People's Republic of China must abide by this Law.
Article 3 Forest resources belong to state ownership, excluding those specified under law belonging to collective ownership.
State-owned and collective-owned forests, woods and forest lands, individual-owned woods and individual-used forest lands shall be registered by local people's governments at or above the county level and rosters compiled and certificates issued confirming the ownership or right to use. The State Council may authorize the competent department of forestry under the State Council to register and compile rosters of forests, woods and forest lands of the key state-owned forest regions determined by the State Council, issue certificates and notify the local people's governments concerned.
Legitimate rights and interests of owners and users of forests, woods and forest lands are protected by law upon which no unit or individual shall infringe.
Article 4 Forests are classified into the following five categories:
(1) Shelter forests: forests, woods and clusters of bushes with protection as the main aim including water source conservation forests, water and soil conservation forests, shelter forests against wind and for fixing sand, farmland and cattle farm shelter forests, embankment protection forests and highway/railway protection forests;
(2) Timber forests: forests and woods with timber production as the main aim including bamboo groves with production of bamboo materials as the main aim;
(3) Economic forests: woods with the production of fruits, edible oils, drinks, flavorings, industrial raw materials and medicinal materials as the main aim;
(4) Fuel forests: woods with the production of fuel as the main aim; and
(5) Special-purpose forests: forests and woods with national defence, environmental protection and scientific experiments as the main aim including national defence forests, experimental forests, mother tree forests, environmental protection forests, ornamental forests, woods at ancient and historical sites and revolutionary memorial places and forests in nature reserves.
Article 5 Forestry construction pursues the policy of universal forest protection, afforestation in a big way, combination of felling and cultivation and sustainable exploitation with afforestation as the basis.
Article 6 The State encourages scientific research in forestry, popularizes advanced forestry technology in upgrading the scientific and technical level of forestry.
Article 7 The State protects the legitimate rights and interests of forest farmers, lightens forest farmers' burden in accordance with law, prohibits illegal collection of fees and fines from forest farmers and prohibits apportionment and compulsory fund-raising from forest farmers.
The State protects the legitimate rights and interests of collectives and individuals in contractual afforestation. No unit or individual shall infringe on the ownership over woods and other legitimate rights and interests the collectives and individuals have in contractual afforestation in accordance with law.
Article 8 The State carries out the following protective measures with respect to forest resources:
(1) practising quota forest felling, encouraging afforestation and closing hills and mountains to facilitate afforestation and expanding forest coverage;
(2) providing financial support or long-term loans to collectives and individuals for afforestation and facilitation of afforestation in accordance with the relevant regulations of the state and local people's governments;
(3) encouraging comprehensive utilization of timber and economy in timber use, encouraging development and utilization of substitutes for timber;
(4) levying and collecting the sapling growing fee for the special purpose of afforestation and facilitation of afforestation;
(5) departments of coal and paper making drawing a certain amount of fund on the basis of the production of coal, pulp paper and other products for the special purpose of planting timber forests that will be used for mine timber and paper making; and
(6) establishing the system of forestry funds.
The State establishes the forest ecological benefit compensation fund to be used for the planting, tending, protection and management of the forest resources and woods for shelter forests and special-purpose forests either of which generate ecological benefit. The forest ecological benefit compensation fund must be used for the said special purpose and must not be used for other purposes. Specific measures shall be formulated by the State Council.
Article 9 The state and people's governments of provinces and autonomous regions give more independent power and economic benefits to forestry production and construction of nationality autonomous localities than to other general areas in forest development, timber allocation and use of forest funds in accordance with the state provisions on autonomous power of nationality autonomous localities.
Article 10 The competent department of forestry under the State Council takes charge of the forestry work nationwide. The competent departments of forestry of local people's governments at or above the county level take charge of the forestry work within their respective areas. People's governments at the village level assign full-time or part-time personnel to be responsible for forestry work.
Article 11 Tree planting, afforestation and forest protection are the obligation that citizens should fulfil. People's governments at all levels should organize voluntary tree planting and afforestation by all citizens and carry out activities of tree planting and afforestation.
Article 12 Units or individuals that have scored remarkable achievements in tree planting and afforestation, forest protection, forest administration and forestry scientific research shall be rewarded by people's governments at all levels.
Chapter II Forest Management and Administration
Article 13 The competent departments of forestry at all levels carry out administration and supervision over protection, utilization and renewal of forest resources pursuant to the provisions of this Law.
Article 14 The competent departments of forestry at all levels shall be responsible for the organization of forest resources survey and establishment of resources archive system to monitor change in resources.
Article 15 The right of use of the following forests, woods and forest lands may be transferred in accordance with law. There can also be equity participation in terms of evaluation or be treated as conditions of contribution and cooperation for joint venture, cooperative afforestation and timber management. However, forest lands must not be turned into non-forest lands:
(1) timber forests, economic forests and fuel forests;
(2) the right of use of forest lands in timber forests, economic forests and fuel forests;
(3) the right of use of forest lands in slashes of felling and burnt slashes of timber forests, economic forests and fuel forests; and
(4) the right of use of other forests, woods and other forest lands specified by the State Council.
Where there is transfer and equity participation in terms of evaluation or those treated as conditions of contribution and cooperation of joint venture, cooperative afforestation and timber management pursuant to the provisions of the preceding paragraph, the timber felling permits obtained may be simultaneously transferred, meanwhile parties to the transfer must abide by the provisions of this Law concerning forests, timber felling and renewal of afforestation.
Except for the circumstances specified in the first paragraph of this Article, the right of use of other forests, woods and other forest lands must not be transferred.
Specific measures shall be formulated by the State Council.
Article 16 People's governments at all levels should work out long-term forestry planning. State-owned forestry enterprises, institutions and nature reserves should compile forest management schemes in accordance with the long-term forestry planning and submit them to the competent department at the next higher level for approval and implementation thereupon.
The competent departments of forestry should guide rural collective economic organizations and state-owned farms, cattle farms and industrial and mining enterprises in the compilation of forest management schemes.
Article 17 Disputes arising between units over timber and forest land ownership and the right of use shall be handled by people's governments at or above the county level according to law.
Disputes arising between individuals and between an individual and a unit over woods ownership and the right of use of forest lands shall be handled by local people's governments at the county level or at the village level according to law.
When a party refuses to accept the decision of the people's government, he/she may bring a suit at a people's court within one month from the date of receipt of the notice.
Pending a settlement of the dispute over woods and forest land ownership, neither of the parties shall fell the woods in dispute.
Article 18 No forest land or less forest land should be occupied in exploration and mining of mineral resources and all construction projects; where occupation or requisition of forest land is necessitated, formalities of examination and approval for land use for construction shall be completed pursuant to laws and administrative regulations on land administration upon the examination, verification and consent of the competent department of forestry of the people's government at or above the county level and the land use unit shall pay the forest vegetation restoration fee pursuant to the relevant provisions of the State Council. The forest vegetation restoration fee shall be used for the specified purpose. Competent departments of forestry shall make unified arrangement for tree planting and afforestation pursuant to relevant provisions and restore forest vegetation. The area of tree planting and afforestation shall not be less than the area of forest vegetation reduced as a result of occupation and requisition of forest land. The competent department of forestry at the next higher level should supervise, urge and inspect the competent department of forestry at the next lower level at regular intervals in the organization of tree planting and afforestation and restoration of forest vegetation.
No unit or individual shall use the forest vegetation restoration fee for other purposes. Audit organs of people's governments at or above the county level should step up supervision over the use of the forest vegetation restoration fee.
Chapter III Forest Protection
Article 19 Local people's governments at all levels should organize the departments concerned in the establishment of forest protection organizations to be responsible for the work of forest protection; step up forest protection in the light of actual requirements in large-area forest regions by building additional forest protection facilities; supervise and urge grass-roots units with forests and those in forest regions to make a forest protection pledge, organize mass forest protection, delimit forest protection responsibility areas and assign full-time or part-time forest guards.
Forest guards may be appointed by people's governments at the county level or at the village level. Main responsibilities of a forest guard are: to patrol and protect forest, and stop acts of destroying forest resources. A forest guard has the power to ask the local department concerned to deal with whoever that has caused destruction of forest resources.
Article 20 Forest public security organs established in forest regions pursuant to relevant state provisions shall be responsible for the maintenance of the social order under jurisdiction and for the protection of forest resources under jurisdiction and may, pursuant to the provisions of this Law and within the authorized scope of the competent department of forestry under the State Council, exercise on its behalf the power of administrative penalties specified in Articles 39, 42, 43 and 44 of this Law.
The Armed Forest Police Force performs the missions of prevention, extinguishment of forest fires and rescue operations assigned by the state.
Article 21 Local people's governments at all levels should earnestly carry out the work of prevention and extinguishment of forest fires and rescue operations:
(1) specifying forest fire prevention periods and banning field use of fire in a forest region during forest fire prevention periods; in case of necessity of use of fire owing to extraordinary circumstances, it must be subjected to the approval of the people's government at the county level or the authorized organ of the people's government at the county level;
(2) installing fire prevention facilities in forest regions;
(3) immediately organizing local army units, civilians and the departments concerned in fire extinguishment and rescue operations in the event of a forest fire; and
(4) with respect to those injured, disabled or deceased in extinguishment of a forest fire and rescue operations, workers and staff members of the state shall be given medical treatment or pension for the deceased by the units wherein they are employed; non-state workers and staff members shall be given medical treatment or pension for the deceased by the unit where the fire broke out pursuant to the provisions of the competent department concerned under the State Council; where the unit where the fire broke out bears no responsibility for the outbreak of the fire or has no actual ability to bear the burden, the local people's government shall provide the medical treatment and pension for the deceased.
Article 22 The competent departments of forestry at all levels shall be responsible for the organization of the work of prevention and control of forest plant diseases and insect pests.
The competent departments of forestry shall be responsible for determining the objects of quarantine among nursery stocks of woods, delimiting quarantine areas and protective areas and carrying out quarantine of nursery stocks of woods.
Article 23 Destruction of forest for reclamation and destruction of forest for quarrying, sand gathering and earth gathering as well as other acts of forest destruction are prohibited.
Cutting of firewood and grazing in young forest lands and special-purpose forests are prohibited.
Personnel entering forests and the fringe areas of forests must not shift or damage marks set up in the service of forestry without authorization.
