Forest Law of the People’s Republic of China

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Forest Law, Law, National People’s Congress, September 20, 1984 (Adopted at the 7th meeting of the Standing Committee of the 6th National People’s Congress on September 20, 1984; amended in accordance with the “Decision on Amending the Forest Law of the People’s Republic of China” adopted at the 2nd meeting of the Standing Committee of the 9th National People’s Congress on April 29, 1998)

Chapter I General Provisions

Article 1 This Law is formulated in order to protect, cultivate, and make rational use of forest resources, accelerate the greening of the country, utilize forests for water retention and soil protection, climate regulation, environmental improvement, and the provision of forest products, and to meet the needs of socialist construction and people’s livelihoods. 　　Article 2: All activities related to the cultivation and planting, harvesting and utilization of forests and trees, as well as the management of forests, trees, and forest land within the territory of the People’s Republic of China, must comply with this Law. 　　Article 3: Forest resources are **owned by the state, except for those that are legally designated as collectively owned. 　　**All forests, trees, and woodland that are collectively owned, as well as trees that are privately owned and the woodland that is used for such purposes, shall be registered by the local people’s governments at the county level or above, certificates shall be issued to confirm ownership or rights of use. The State Council may authorize the forestry authorities under the State Council to register and record the forests, trees, and forest land in **all key forest areas designated by the State Council, issue certificates, and notify the relevant local people**. 　　The legitimate rights and interests of the owners and users of forests, trees, and forest land are protected by law, and no organization or individual may infringe upon them. 　　Article 4 Forests are divided into the following five categories: (1) Protective forests: Forests, trees, and shrubs whose primary purpose is protection, including forests for water conservation, forests for soil and water retention, forests for wind prevention and sand control, protective forests for farmlands and pastures, forests for bank protection, and forests for road protection ； 　　(II) Timber forests: Forests and trees whose primary purpose is the production of timber, including bamboo forests whose main purpose is the production of bamboo ； 　　(III) Economic forests: Trees grown primarily for the production of fruits, edible oils, beverages, seasonings, industrial raw materials, and medicinal herbs ； 　　(IV) Fuel forests: Trees grown primarily for the production of fuel ； 　　(5) Forests for special purposes: Forests and trees whose main uses are national defense, environmental protection, scientific experiments, etc., including defense forests, experimental forests, seed orchards, environmental protection forests, scenic forests, trees in places of historical interest and revolutionary memorial sites, and forests in nature reserves. 　　Article 5: Forestry development shall follow the principle of taking afforestation as the foundation, ensuring comprehensive forest protection, vigorously promoting tree planting, combining harvesting with cultivation, and achieving sustainable utilization. 　　Article 6 **Encourage forestry scientific research, promote advanced forestry technologies, and improve the level of forestry science and technology. 　　Article 7: **Protect the legitimate rights and interests of forest farmers, reduce their burdens in accordance with the law, prohibit illegal charging and fines imposed on them, and forbid the imposition of arbitrary demands or forced fundraising on them. 　　**The legitimate rights and interests of collectives and individuals engaged in contracted afforestation shall be protected; no entity or individual may infringe upon the ownership of trees and other legitimate rights and interests that such collectives and individuals enjoy in accordance with the law. 　　Article 8: **The following protective measures shall be implemented for forest resources: (1) Implement limited logging in forests, encourage afforestation and forest conservation through closure of areas, and expand the forest coverage area ； 　　(II) In accordance with the relevant regulations **regarding local people**, provide economic support or long-term loans for collective and individual afforestation and forest cultivation ； 　　(III) Promote the comprehensive utilization of wood and its efficient use, and encourage the development and use of wood substitutes ； 　　(IV) Imposition of a forestry cultivation fee, earmarked for afforestation and forest management ； 　　(5) In sectors such as coal and papermaking, a certain amount of funds is allocated based on the output of products like coal, wood pulp, and paper; these funds are used specifically for planting forests that provide timber for use in mining and papermaking ； 　　(VI) Establish a forestry fund system. 　　**A forest ecological benefit compensation fund shall be established to support the development, cultivation, maintenance, protection, and management of forest resources and trees in shelter forests and forests for special purposes that provide ecological benefits. The forest ecological benefits compensation fund must be used for its designated purpose only and shall not be diverted to other uses. The specific measures shall be stipulated by the State Council. 　　Article 9: **In conjunction with the people’s governments of provinces and autonomous regions**, with regard to forestry production and development in ethnic autonomous areas, in accordance with the provisions regarding the autonomous rights of such areas, greater autonomy and economic benefits are granted in terms of forest development, timber allocation, and the use of forestry funds compared to ordinary areas. 　　Article 10 The forestry department under the State Council is responsible for overseeing forestry affairs nationwide. The forestry authorities of local people’s governments at the county level and above are responsible for overseeing forestry affairs in their respective areas. At the township level, the people’s government appoints full-time or part-time staff to be responsible for forestry work. 　　Article 11: Planting trees and protecting forests is an obligation of citizens. People at all levels **should organize voluntary tree-planting by the entire population and carry out afforestation activities. 　　Article 12: Units or individuals that have made outstanding contributions to afforestation, forest protection, forest management, and forestry scientific research shall be awarded rewards by the people’s governments at all levels. 　 　　　　　　　　　　　　　Chapter 2 Forest Management Article 13 The forestry authorities at all levels shall, in accordance with the provisions of this Law, exercise management and supervision over the protection, utilization, and regeneration of forest resources. 　　Article 14: Forestry authorities at all levels are responsible for organizing forest resource surveys, establishing a resource documentation system, and keeping track of changes in these resources. 　　Article 15: The rights to use the following forests, trees, and forest land may be transferred in accordance with the law, or may be used as capital contributions for shareholding or as conditions for joint ventures or cooperative efforts in afforestation and tree management; however, forest land shall not be converted into non-forest land: (1) Timber forests, economic forests, and fuelwood forests ； 　　(II) Rights to use land for timber forests, economic forests, and fuelwood forests ； 　　(III) Rights to use forest land resulting from logging in timber forests, economic forests, and firewood forests ； 　　(IV) Other rights to use forests, trees, and other woodland areas as stipulated by the State Council. 　　In accordance with the provisions of the preceding paragraph, where forest land is transferred, used as capital contribution for shareholding, or served as a contribution or condition for joint ventures or cooperative afforestation and forest management, the forest cutting permit already obtained may be transferred simultaneously; both parties to such transfer must comply with the provisions of this Law regarding forests, forest cutting, and reforestation. 　　Except in the circumstances specified in the first paragraph of this article, the rights to use other forests, trees, and other wooded land shall not be transferred. 　　The specific measures shall be stipulated by the State Council. 　　Article 16: People’s ** at all levels shall formulate long-term forestry plans. State-owned forestry enterprises and institutions, as well as nature reserves, shall formulate forest management plans in accordance with the long-term forestry plan, and implement them after obtaining approval from their superior competent authorities. 　　The forestry authorities shall guide rural collective economic organizations, as well as state-owned farms, ranches, industrial and mining enterprises, etc., in formulating forest management plans. 　　Article 17: Disputes over the ownership and use rights of trees and forest land that arise between entities shall be resolved by the people’s courts at or above the county level in accordance with the law. 　　Disputes over ownership of trees and rights to use forest land that arise between individuals or between individuals and organizations are resolved by the local county-level or township-level people’s courts in accordance with the law. 　　If the party is dissatisfied with the decision made by the people’s ** authority, they may file a lawsuit with the people’s court within one month from the date of receiving the notification. 　　Until the disputes over the ownership of trees and forest land are resolved, neither party shall cut down the disputed trees. 　　Article 18: When conducting explorations, mining of mineral resources, and various construction projects, forest land should not be occupied or only to a minimal extent ； Where it is necessary to occupy or expropriate forest land, after approval by the forestry authorities at the county level or above, the procedures for approving the use of such land in accordance with relevant laws and administrative regulations on land management must be followed, and the entity using the land shall pay a fee for the restoration of forest vegetation in line with the relevant provisions of the State Council. The funds designated for forest vegetation restoration are used exclusively for this purpose; the forestry authorities are responsible for organizing tree planting in accordance with relevant regulations in order to restore forest vegetation. The area covered by tree planting must be no less than the area of forest vegetation that has been lost due to the occupation or expropriation of forest land. The higher-level forestry authorities shall regularly supervise and inspect the lower-level forestry authorities regarding their efforts to plant trees and restore forest vegetation. 　　No entity or individual shall misappropriate funds for forest vegetation restoration. The people’s audit institutions at the county level and above shall strengthen supervision over the use of funds for forest vegetation restoration. 　 　　　　　　　　　　　　　　Chapter 3 Forest Protection Article 19 People’s governments at all local levels shall organize relevant departments to establish forest protection organizations responsible for forest protection work ； Increase forest protection facilities in large-scale forest areas as needed to strengthen forest conservation ； Urge forested areas and local units in forest regions to establish forest protection agreements, organize the public for forest protection, designate forest protection responsibility zones, and assign full-time or part-time forest rangers. 　　Forest rangers can be appointed by the county-level or township-level people’s committee. The main responsibilities of forest rangers are: patrolling the forests and preventing activities that damage forest resources. Forest rangers have the right to request that the local authorities take action against those responsible for the destruction of forest resources. 　　Article 20: The forest public security agencies established in forest areas in accordance with **relevant regulations are responsible for maintaining public order in their respective jurisdictions and protecting the forest resources there. They may, within the scope authorized by the forestry department under the State Council, exercise the administrative penalty powers stipulated in Articles 39, 42, 43, and 44 of this Law in accordance with the provisions of this Law. 　　The armed forest police force carries out the tasks assigned to it for preventing and extinguishing forest fires. 　　Article 21 People’s governments at all local levels shall earnestly carry out work on the prevention and suppression of forest fires: (1) Designate forest fire prevention periods, and during such periods, the use of fire in forested areas is prohibited ； In cases where fire is necessary due to special circumstances, approval must be obtained from the county-level people’s government or an agency authorized by the county-level people’s government ； 　　(II) Install fire prevention facilities in forest areas ； 　　(III) In the event of a forest fire, it is necessary to immediately organize local military and civilian forces as well as relevant departments to carry out firefighting efforts ； 　　(IV) Those who are injured, disabled, or die while fighting forest fires shall be provided with medical treatment and compensation by their employers ； Those who are not **employees shall be provided with medical treatment and compensation in accordance with the regulations set forth by the relevant competent departments of the State Council by the unit where the fire broke out. If the unit responsible for the fire is not liable for it or is indeed unable to bear the costs, then the local people’s **government shall provide them with medical treatment and compensation. 　　Article 22: Forestry authorities at all levels are responsible for organizing the prevention and control of forest pests and diseases. 　　The forestry authorities are responsible for determining the species of tree seedlings that are subject to quarantine, designating epidemic areas and protected areas, and carrying out quarantine inspections on such seedlings. 　　Article 23: It is prohibited to clear forests for cultivation, as well as to exploit forests for quarrying, sand mining, soil extraction, and other similar activities that cause forest destruction. 　　Logging and grazing are prohibited in young forest areas and forests for special purposes. 　　Those who enter forests and forest edges must not move or damage signs intended for forestry purposes without permission. 　　Article 24: The forestry authorities under the State Council, together with the people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government, shall designate nature reserves in typical forest ecological areas across different natural zones, in forest areas where precious animals and plants thrive, in natural tropical rainforest areas, and in other natural forests of special conservation value, in order to strengthen protection and management. 　　The regulations for the management of nature reserves shall be formulated by the forestry authorities under the State Council and submitted to the State Council for approval before implementation. 　　Precious trees outside nature reserves, as well as plant resources of special value within forest areas, should be carefully protected ； Logging and harvesting are prohibited without the approval of the forestry authorities of the provinces, autonomous regions, and municipalities directly under the Central Government. 　　Article 25: Hunting is prohibited on wildlife designated as **protected within forest areas ； For hunting due to special needs, it shall be handled in accordance with **relevant regulations. 　 　　　　　　　　　　　　　　Chapter 4: Afforestation Article 26: People’s governments at all levels shall formulate afforestation plans, and determine, in light of local conditions, the goals for increasing the forest coverage rate in their respective areas. 　　People’s organizations at all levels **should organize people from various industries and urban and rural residents to carry out the tasks determined by the tree-planting plan. 　　Suitable forested barren mountains and lands are **owned by everyone, and afforestation is carried out by forestry authorities in conjunction with other relevant authorities** ； Those that are in collective ownership are afforested by the collective economic organization. 　　Along railways and highways, on both sides of rivers, and around lakes and reservoirs, afforestation is organized by the relevant authorities according to local conditions ； In industrial and mining areas, land used for government offices and schools, military camps, as well as farming, grazing, and fishing areas, afforestation is the responsibility of those respective entities. 　　**All collectively-owned barren mountains and lands suitable for afforestation can be contracted by collectives or individuals for tree planting. 　　Article 27: The trees planted by state-owned enterprises, institutions, government agencies, organizations, and military units shall be managed by the entities that planted them, which shall also determine how to utilize the proceeds from those trees in accordance with **relevant regulations. 　　The trees planted by units under collective ownership belong to such units. 　　The trees planted by rural residents in front of and behind their houses, on their own plots of land, and on their own mountains are owned by the individuals themselves. The trees planted by urban residents and workers in the courtyards of their own homes are owned by the individuals themselves. 　　When a collective or an individual contracts the planting of trees on all forestable wasteland owned by the collective, the trees planted as a result of such contract belong to the collective or individual that holds the contract ； If the contract specifies otherwise, such provisions shall apply. 　　Article 28: For newly established young forest areas and other areas that must be closed off for forest cultivation, the local people shall **organize the closure of these areas for such purposes. 　 　　　　　　　　　　　　　　Chapter 5 Forest Logging Article 29 **The annual volume of forest logging shall be strictly controlled in accordance with the principle that the consumption of timber forests is lower than their growth rate. **For all forests and trees owned by state-owned forestry enterprises and institutions, farms, and factories, annual logging quotas are set on a per-unit basis; for forests and trees owned collectively and those owned by individuals, the quotas are determined at the county level. These quotas are then compiled by the forestry authorities of the provinces, autonomous regions, and municipalities directly under the Central Government, reviewed by the people’s congresses at the same level, and submitted to the State Council for approval. 　　Article 30 **A unified annual timber production plan shall be formulated. The annual timber production plan shall not exceed the approved annual logging quota. The scope of plan management is stipulated by the State Council. 　　Article 31: The felling of forests and trees must comply with the following provisions: (1) Mature timber forests shall, depending on the specific circumstances, be managed through selective felling, clear-cutting, or gradual felling; clear-cutting must be strictly controlled, and reforestation shall be completed within the same year as felling or the following year ； 　　(II) In shelter forests and forests for special purposes, such as defense forests, seed orchards, environmental protection forests, and scenic forests, only harvesting for the purpose of tending and renewal is permitted ； 　　(III) Cutting down the trees in scenic spots, historical sites, and revolutionary memorial sites within forests designated for special purposes, as well as the forests in nature reserves, is strictly prohibited. 　　Article 32: To cut down trees, it is necessary to apply for a logging permit, and the cutting must be carried out in accordance with the provisions of the permit ； Except for rural residents cutting down scattered trees that are privately owned on their own plots of land and in front of or behind their homes. 　　When state-owned forestry enterprises and institutions, government agencies, organizations, military units, schools, and other state-owned enterprises and institutions carry out logging activities, the forestry authorities at the county level or above in the area where such activities take place shall examine the applications and issue logging permits in accordance with relevant regulations. 　　The renewal felling of forest belts along railways and highways, as well as urban trees, is subject to approval and the issuance of felling permits by the relevant authorities in accordance with applicable regulations. 　　When rural collective economic organizations cut down trees, the forestry authorities at the county level shall examine and issue logging permits in accordance with relevant regulations. 　　For rural residents who cut down trees on their own plots of land or on land contracted from the collective, the forestry authorities at the county level, or the township or town people’s governments entrusted by them, shall examine the applications and issue logging permits in accordance with relevant regulations. 　　The provisions mentioned above apply to the logging of bamboo forests whose main purpose is to produce bamboo. 　　Article 33: The department responsible for reviewing and issuing logging permits shall not issue such permits beyond the approved annual logging quota. 　　Article 34: When applying for a logging permit, state-owned forestry enterprises and institutions must submit a survey and design document for the logging area. When other entities apply for a logging permit, they must submit documents detailing the purpose of logging, the location, type of forest, forest condition, area, volume, methods of logging, and measures for reforestation. 　　For entities whose logging operations do not comply with the regulations, the authority that issued the logging permit has the right to revoke it and suspend their logging activities until the violations are corrected. 　　Article 35: Units or individuals engaged in logging must complete the afforestation tasks as specified in the logging permit regarding area, number of trees, tree species, and time frame; the area and number of trees planted for afforestation shall not be less than those logged. 　　Article 36: The measures for the management and supervision of timber in forest areas shall be stipulated separately by the State Council. 　　Article 37: To transport timber out of forest areas, a transportation permit issued by the forestry authorities is required, **except for timber that is allocated uniformly. 　　After obtaining a logging permit in accordance with the law, when the timber harvested in compliance with the provisions of the permit is transported out of the forest area, the forestry authorities shall issue a transportation certificate. 　　With the approval of the people’s ** governments of provinces, autonomous regions, and municipalities directly under the Central Government, timber inspection stations can be established in forest areas to oversee the transportation of timber. Wood transported without a transportation permit or a transfer order issued by the competent materials authority may be stopped by the wood inspection station. 　　Article 38: **The export of precious trees, as well as their products and derivatives, is prohibited or restricted. The list of precious trees and their products and derivatives whose export is prohibited or restricted, along with the annual total limits on exports, shall be formulated by the forestry authorities under the State Council in consultation with relevant departments of the State Council, and submitted to the State Council for approval. 　　To export precious trees, or their products and derivatives, that are subject to export restrictions as specified in the preceding paragraph, it is necessary to obtain approval from the forestry authorities of the province, autonomous region, or municipality directly under the Central Government where the exporter is located; such approval must then be submitted to the forestry authorities of the State Council for final approval. Only upon receipt of the approval document from the forestry authorities of the State Council can the customs allow such exports to take place. If the trees, or their products and derivatives, imported or exported fall under the category of endangered species whose import and export are restricted by international conventions to which China is a party, it is necessary to apply to the **Authority in Charge of Import/Export of Endangered Species for an approval certificate for import and export; the customs will then grant permission for clearance based on this approval certificate. 　 　　　　　　　　　　　　　　Chapter 6 Legal Liability Article 39 Those who illegally cut down forests or other trees shall compensate for the losses in accordance with the law ； The forestry authorities order the replanting of dozens of times as many trees as those that were illegally cut down, confiscate the illegally cut down trees or the proceeds from their sale, and impose a fine of not less than three times but not more than ten times the value of the illegally cut down trees. 　　Those who illegally cut down forests or other trees shall be ordered by the forestry authorities to plant five times as many trees as were cut down, and shall also be fined an amount ranging from twice to five times the value of the trees that were illegally cut down. 　　If the person refuses to plant trees again or the replanting does not comply with **relevant regulations, the forestry authorities will carry out the replanting on their own, with the costs borne by the violator. 　　Those who illegally cut down or overcut forests or other trees, thereby committing a crime, shall be held criminally liable in accordance with the law. 　　Article 40: Those who, in violation of the provisions of this Law, illegally cut down or destroy precious trees shall be held criminally liable in accordance with the law. 　　Article 41: Those who, in violation of the provisions of this Law, issue forest cutting permits exceeding the approved annual cutting quota, or issue such permits, timber transportation documents, export approval documents, or import/export permits beyond their authority, shall be ordered by the forestry authorities at the next higher level to make corrections; the directly responsible supervisors and other directly responsible persons shall be given administrative sanctions in accordance with the law ； If the forestry authorities responsible for overseeing the people’s affairs fail to take corrective action, the forestry authorities under the State Council can handle the matter directly ； If a crime is constituted, criminal liability shall be pursued in accordance with the law. 　　Article 42: Those who violate the provisions of this Law by buying or selling forest cutting permits, timber transportation documents, export approval documents, or import/export authorization certificates shall have such illegally traded certificates and documents together with the illegal gains confiscated by the forestry authorities, and shall also be fined not less than one time but not more than three times the value of the illegally traded certificates and documents ； If a crime is constituted, criminal liability shall be pursued in accordance with the law. 　　Those who forge forest logging permits, timber transportation documents, export approval documents, or import/export licenses shall be held criminally liable in accordance with the law. 　　Article 43: Those who illegally purchase timber in forest areas, knowing that it has been cut down illegally or in excess of permitted limits, shall be ordered by the forestry authorities to cease such illegal activities. The illegally purchased timber that was cut down illegally or in excess of permitted limits shall be confiscated, or the proceeds from its sale shall be seized. A fine of not less than one time but not more than three times the value of the timber purchased illegally may also be imposed ； If a crime is constituted, criminal liability shall be pursued in accordance with the law. 　　Article 44: Those who, in violation of the provisions of this Law, engage in reclamation, quarrying, sand mining, soil extraction, seed collection, resin harvesting, and other activities that result in the destruction of forests and trees shall compensate for the losses in accordance with the law ； The forestry authorities shall order the cessation of such illegal activities, require the replanting of trees in a number that is one to three times greater than the number of trees damaged, and may impose a fine equal to one to five times the value of the damaged trees. 　　Those who, in violation of the provisions of this law, cut wood or graze in young forest areas and forests designated for special purposes, thereby causing damage to the forests and trees, shall compensate for the losses in accordance with the law ； The forestry authorities shall order the cessation of such illegal activities, and require the planting of trees in a quantity that is one to three times greater than the number of trees that were damaged. 　　If the person refuses to plant trees again or the replanting does not comply with **relevant regulations, the forestry authorities will carry out the replanting on their own, with the costs borne by the violator. 　　Article 45: If a unit or individual engaged in tree felling fails to complete the afforestation tasks as required, the department that issued the felling permit has the right not to issue another such permit until the afforestation tasks are completed ； In serious cases, the forestry authorities may impose fines, while the directly responsible persons shall be given administrative sanctions by their respective employers or higher-level supervisory authorities. 　　Article 46: Staff members of the forestry authorities responsible for forest resource protection and forestry supervision and management, as well as relevant staff members of other **agencies, who abuse their powers, neglect their duties, or engage in malpractice for personal gain and thereby commit a crime, shall be held criminally liable in accordance with the law ； If it does not constitute a crime, administrative sanctions shall be imposed in accordance with the law. 　 　　　　　　　　　　　　　　　Chapter VII Supplementary Provisions Article 47 The forestry administrative department of the State Council shall formulate implementation measures in accordance with this Law, which shall be submitted to the State Council for approval before implementation. 　　Article 48: Where the provisions of this Law cannot be fully applied in ethnic autonomous areas, the autonomous organs may, in accordance with the principles of this Law and taking into account the characteristics of such areas, formulate modified or supplementary regulations, which shall be submitted to the provincial, autonomous regional, or National People’s Congress Standing Committee for approval before being put into effect in accordance with the prescribed procedures. 　　Article 49: This Law shall come into force as of January 1, 1985.