Order of the State Council on Releasing the Regulations on Conversion of Farmland to Forests

Order of the State Council on Releasing the Regulations on Conversion of Farmland to Forests

Order of the State Council [2002] No. 367

December 14, 2002

The Regulations on Conversion of Farmland to Forests, which was adopted at the 66th Executive Meeting of the State Council on December 6, 2002, is released hereby and shall take effect as of January 20, 2003.

Premier of the State Council Zhu Rongji

Appendix: Regulations on Conversion of Farmland to Forests

Chapter I General Provisions

Article 1 These Regulations are formulated for the purposes of standardizing conversion of farmland to forests, protecting the lawful rights and interests of those who convert their farmland to forests, consolidating the achievements made in conversion of farmland to forests, optimizing the structure of rural industries and improving the ecologic environment.

Article 2 These Regulations are applicable to conversion of farmland to forests covered by the planning approved by the State Council.

Article 3 The people's governments at all levels shall strictly implement the policies and measures of "converting farmland to forests, closing mountains for greening, providing grain as relief and making contracts with individuals."

Article 4 Top priority shall be put on ecology in conversion of farmland to forests. Conversion of farmland to forests shall be combined with the restructuring of rural industries, development of rural economy, control of soil and water erosion, conservation and development of capital farmland, increase of per unit area yield, enhancement of rural energy development and eco-driven immigration.

Article 5 The following principles shall be abided by in conversion of farmland to forests:
1. overall planning, phased implementation and due attention to emphasis and actual effect;
2. integration of policy guidance and willingness of farmers to convert farmland to forests, and a policy of "those who convert, plant and manage receive the benefit";
3. following the natural law and adjusting measures to local conditions, planting trees or grass on right sites, and managing in a comprehensive manner;
4. putting equal emphasis on new conversion and protection of converted land with an aim of preventing possible damage that happens in the progress of conversion;
5. gradually improving the living conditions of those who convert their farmland to forests.

Article 6 The institution of western development of the State Council is responsible for the overall coordination in conversion of farmland to forests, organizes relevant sectors for the study and formulation of policies and methods related to conversion of farmland to forests, and organizes and coordinates implementation of the overall planning of conversion of farmland to forests; the competent forestry administrative department of the State Council is responsible for compilation of the overall planning and the annual plan for conversion of farmland to forests, superintends the nationwide implementation of conversion of farmland to forests, and is responsible for guidance, supervision and inspection of conversion of farmland to forests; the development planning department of the State Council, jointly with other departments concerned, is responsible for examination of the overall planning for conversion of farmland to forests, collection of plans, compilation and aggregate balancing of the annual capital construction plan; the competent finance administrative department of the State Council is responsible for arrangement, supervision and management of subsidies provided by the Central Government for conversion of farmland to forests; the competent agriculture administrative department of the State Council is responsible for compilation of the related planning and plans of conversion of reclaimed grassland to grass and rehabilitation and development of natural grassland, and provides technical guidance and conducts inspection therefor; the competent water resources administrative department of the State Council is responsible for technical guidance and inspection of watershed management and soil and water conservation in the areas being converted to forests and grassland; the grain administrative department of the State Council is responsible for the coordination and redistribution of grain resources.
The administrative departments for forestry, development planning, finance, agriculture, water resources and grain of the local people's governments at or above the county level are, in accordance with these Regulations and their respective duties, responsible for the work related to conversion of farmland to forests under the unified leadership of the people's government at the same level.

Article 7 The State applies the system under which the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall assume the responsibility for conversion of farmland to forests. The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall designate relevant departments to take measures to ensure that the subsidies granted by the Central Government for conversion of farmland to forests are exclusively used for the set purposes, organize redistribution and provision of grain subsidy, strengthen reexamination of conversion of farmland to forests, fulfill the tasks in conversion of farmland to forests assigned by the State on schedule, and set up objective and responsibility and sign responsibility agreement level by level to achieve the objective of conversion of farmland to forests.

Article 8 The objective and responsibility system shall be applied in conversion of farmland to forests.
The relevant departments of local people's governments at or above the county level shall sign responsibility agreements with the leaders and technical persons in charge of conversion of farmland to forests, which define the responsibilities assumed by them respectively.

Article 9 The State supports research and extension of applied technology for conversion of farmland to forests, so as to enhance the scientific and technological capacity.

Article 10 The relevant departments of the State Council and local people's governments at all levels shall organize and undertake publicity and educational activities in respect of conversion of farmland to forests, so as to enhance the public awareness on conservation and improvement of environment.
Units or individuals who make remarkable achievements in conversion of farmland to forests are to be cited and rewarded by the relevant departments of the State Council and the local people's governments at all levels.

Article 11 All units and individuals shall have the right to report or charge against any act causing damage to conversion of farmland to forests.
The relevant people's governments and their related departments shall promptly handle such report or charge upon receipt.

Article 12 Auditing institutions at all levels shall strengthen auditing supervision over the use of funds and grain subsidized for conversion of farmland to forests.

Chapter II Planning and Plan

Article 13 Conversion of farmland to forests shall be planned in an overall way.
The overall planning for conversion of farmland to forests shall be compiled by the competent forestry administrative department of the State Council and, after coordination of the institution of western development of the State Council and being reviewed by the development planning department of the State Council, submitted to the State Council for approval before implementation.
The competent forestry administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government shall, according to the overall planning for conversion of farmland to forests and together with other relevant departments, compile the planning for conversion of farmland to forests within its administrative area and submit it to the relevant department of the State Council for the record after being approved by the people's government at the same level.

Article 14 A planning for conversion of farmland to forests shall include the following main contents:
1.
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