Decision of the Standing Committee of the National People's Congress on Amending the Forestry Law of the People's Republic of China
Decision of the Standing Committee of the National People's Congress on Amending the Forestry Law of the People's Republic of China
Decision of the Standing Committee of the National People's Congress on Amending the Forestry Law of the People's Republic of China
April 29, 1998
(Adopted at the 2nd session of the Standing Committee of the Ninth National People's Congress on April 29, 1998)
It is decided to amend to the Forestry Law of the People's Republic of China at the 2nd session of the Standing Committee of the Ninth National People's Congress as follows:
I. Article 2 is revised to read: "Anyone who is engaged in afforestation and cultivation, felling and utilization of forests and trees as well as management and administration of forests, trees and forest land within the territory of the People's Republic of China shall observe this Law."
II. Paragraph 2 of Article 3 is revised to read: "The forests, trees and forest land owned by the State and by collectives, as well as the trees owned and forest land used by individuals, shall be registered with the local people's governments at or above the county level, which shall issue certificates to confirm such ownership or right of use. The State Council may authorize its competent forestry department to have the State-owned forests, trees and forest land in key forest areas defined as such by the State Council registered, issue certificates and notify the matter to the local people's governments concerned."
III. Paragraph 2 of Article 5 is separated as a new Article 6, and revised to read: "The State encourages scientific research in forestry and promotes the use of advanced forestry technology so as to raise the scientific and technological level of forestry."
IV. A new Article 7 is added to read: "The State protects the lawful rights and interests of self-employed tree cultivators, lightens their burdens according to law, forbids illegal imposing of charges and fines on them and forbids imposing of donation quotas on them and raising of funds from among them by compulsory means.
The State protects the lawful rights and interests of the collectives and individuals that have contracted for afforestation; no unit or individual may infringe upon the lawful ownership of trees and other lawful rights and interests enjoyed by them."
V. Article 6 is renumbered as Article 8, and a sub-paragraph is added as Sub-paragraph 3 of Paragraph 1. And the new Subparagraph 3 reads: "3. to encourage the all-purpose use and conservation of timber and the development and utilization of timber substitutes;"
A new Paragraph 2 is added to read: "The State establishes a compensation fund for the benefit of the forest ecology, which is to be used for the benefit of the afforestation, cultivation, protection and administration of forest resources and trees of the shelter forests and forests for special uses that benefit the ecology. The compensation fund for the benefit of the forest ecology shall be used for no other than the said purposes. Specific measures in this respect shall be formulated by the State Council."
VI. Article 10 is renumbered as Article 12 and revised to read: "Units or individuals that have achieved outstanding successes in afforestation, forest protection, forest administration and scientific research in forestry, etc. shall be rewarded by people's governments at different levels."
VII. A new Article 15 is added to read: "The following forests and trees and the right to use the following forest land may be transferred according to law and they may also be valued and converted as shares or used as funds or conditions for joint or co-operative afforestation or tree management according to law, provided that no forest land is changed into non-forest land:
1.
......
April 29, 1998
(Adopted at the 2nd session of the Standing Committee of the Ninth National People's Congress on April 29, 1998)
It is decided to amend to the Forestry Law of the People's Republic of China at the 2nd session of the Standing Committee of the Ninth National People's Congress as follows:
I. Article 2 is revised to read: "Anyone who is engaged in afforestation and cultivation, felling and utilization of forests and trees as well as management and administration of forests, trees and forest land within the territory of the People's Republic of China shall observe this Law."
II. Paragraph 2 of Article 3 is revised to read: "The forests, trees and forest land owned by the State and by collectives, as well as the trees owned and forest land used by individuals, shall be registered with the local people's governments at or above the county level, which shall issue certificates to confirm such ownership or right of use. The State Council may authorize its competent forestry department to have the State-owned forests, trees and forest land in key forest areas defined as such by the State Council registered, issue certificates and notify the matter to the local people's governments concerned."
III. Paragraph 2 of Article 5 is separated as a new Article 6, and revised to read: "The State encourages scientific research in forestry and promotes the use of advanced forestry technology so as to raise the scientific and technological level of forestry."
IV. A new Article 7 is added to read: "The State protects the lawful rights and interests of self-employed tree cultivators, lightens their burdens according to law, forbids illegal imposing of charges and fines on them and forbids imposing of donation quotas on them and raising of funds from among them by compulsory means.
The State protects the lawful rights and interests of the collectives and individuals that have contracted for afforestation; no unit or individual may infringe upon the lawful ownership of trees and other lawful rights and interests enjoyed by them."
V. Article 6 is renumbered as Article 8, and a sub-paragraph is added as Sub-paragraph 3 of Paragraph 1. And the new Subparagraph 3 reads: "3. to encourage the all-purpose use and conservation of timber and the development and utilization of timber substitutes;"
A new Paragraph 2 is added to read: "The State establishes a compensation fund for the benefit of the forest ecology, which is to be used for the benefit of the afforestation, cultivation, protection and administration of forest resources and trees of the shelter forests and forests for special uses that benefit the ecology. The compensation fund for the benefit of the forest ecology shall be used for no other than the said purposes. Specific measures in this respect shall be formulated by the State Council."
VI. Article 10 is renumbered as Article 12 and revised to read: "Units or individuals that have achieved outstanding successes in afforestation, forest protection, forest administration and scientific research in forestry, etc. shall be rewarded by people's governments at different levels."
VII. A new Article 15 is added to read: "The following forests and trees and the right to use the following forest land may be transferred according to law and they may also be valued and converted as shares or used as funds or conditions for joint or co-operative afforestation or tree management according to law, provided that no forest land is changed into non-forest land:
1.
......