May 31, 2010
---------------------
Monday
>>>Welcome visitor, you're not logged in.
Login   Subscribe Now!
Home User Management About Us Chinese
  Bookmark   Download   Print
Search:  serch "Fabao" Window Font Size: Home PageHome PageHome Page
 
Decision of the Standing Committee of the National People's congress on Revising the Forestry Law of the People's Republic of China [Effective]
全国人民代表大会常务委员会关于修改《中华人民共和国森林法》的决定 [现行有效]
【法宝引证码】
 
  

 

中华人民共和国主席令
(第三号)


《全国人民代表大会常务委员会关于修改<中华人民共和国森林法>的决定》已由中华人民共和国第九届全国人民代表大会常务委员会第二次会议于1998年4月29日通过,现予公布,自1998年7月1日起施行。

中华人民共和国主席 江泽民
1998年4月29日


DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS ON REVISING THE FORESTRY LAW OF THE PEOPLE'S REPUBLIC OF CHINA
(Adopted at the 2nd Meeting of the Standing Committee of the Ninth National People's Congress on April 29, 1998)
At its 2nd Meeting, the Standing Committee of the Ninth National People's Congress decides to make the following revisions of the Forestry Law of the People's Republic of China:
 全国人民代表大会常务委员会关于修改《中华人民共和国森林法》的决定
(1998年4月29日第九届全国人民代表大会常务委员会第二次会议通过)
第九届全国人民代表大会常务委员会第二次会议决定对《中华人民共和国森林法》作如下修改:
1. Article 2 is revised as follows: "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."
   一、第二条修改为:“在中华人民共和国领域内从事森林、林木的培育种植、采伐利用和森林、林木、林地的经营管理活动,都必须遵守本法。”
2. The second paragraph of Article 3 is revised as follows: "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."
   二、第三条第二款修改为:“国家所有的和集体所有的森林、林木和林地,个人所有的林木和使用的林地,由县级以上地方人民政府登记造册,发放证书,确认所有权或者使用权。国务院可以授权国务院林业主管部门,对国务院确定的国家所有的重点林区的森林、林木和林地登记造册,发放证书,并通知有关地方人民政府。”
3. The second paragraph of Article 5 is changed to be Article 6 and revised as follows: "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."
   三、第五条第二款单列一条,作为第六条,修改为:“国家鼓励林业科学研究,推广林业先进技术,提高林业科学技术水平。”
4. One article is added as Article 7: "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."
   四、增加一条,作为第七条:“国家保护林农的合法权益,依法减轻林农的负担,禁止向林农违法收费、罚款,禁止向林农进行摊派和强制集资。
“国家保护承包造林的集体和个人的合法权益,任何单位和个人不得侵犯承包造林的集体和个人依法享有的林木所有权和其他合法权益。”
5. Article 6 is changed to be Article 8 and one sub-paragraph is added to the first paragraph as sub-paragraph 3: "(3) to encourage the all-purpose use and conservation of timber and the development and utilization of timber substitutes."
One paragraph is added as the second paragraph: "The State establishes a compensation fund for the benefit of the forest ecology, which is to be used for 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."
   五、第六条改为第八条,第一款增加一项,作为第三项:“(三)提倡木材综合利用和节约使用木材,鼓励开发、利用木材代用品”。
增加一款,作为第二款:“国家设立森林生态效益补偿基金,用于提供生态效益的防护林和特种用途林的森林资源、林木的营造、抚育、保护和管理。森林生态效益补偿基金必须专款专用,不得挪作他用。具体办法由国务院规定。”
6. Article 10 is changed to be Article 12 as follows: "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."
   六、第十条改为第十二条,修改为:“在植树造林、保护森林、森林管理以及林业科学研究等方面成绩显著的单位或者个人,由各级人民政府给予奖励。”
7. One article is added as Article 15: "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) timber forests, economic forests and firewood forests;
"(2) the right to use the land of timber forests, economic forests and firewood forests;
"(3) the right to use the cut-over land and brulee of timber forests, economic forests and firewood forests; and
"(4) the right to use other forests, trees and forest land stipulated by the State Council.
"Where the forests or trees or the right to use the forest land are transferred and where they are valued and converted as shares or used as funds or conditions for joint or co-operative afforestation or tree management in accordance with the provisions of the preceding paragraph, the licenses obtained for tree felling may be transferred at the same time, the two parties involved shall observe the provisions of this Law governing the felling of forests and trees and reforestation.
"No forests or trees and no right to use the forest land other than the ones as provided for in the first paragraph of this Article may be transferred.
"Specific measures in this respect shall be formulated by the State Council."
   七、增加一条,作为第十五条:“下列森林、林木、林地使用权可以依法转让,也可以依法作价入股或者作为合资、合作造林、经营林木的出资、合作条件,但不得将林地改为非林地:
“(一)用材林、经济林、薪炭林;
“(二)用材林、经济林、薪炭林的林地使用权;
“(三)用材林、经济林、薪炭林的采伐迹地、火烧迹地的林地使用权;
“(四)国务院规定的其他森林、林木和其他林地使用权。
“依照前款规定转让、作价入股或者作为合资、合作造林、经营林木的出资、合作条件的,已经取得的林木采伐许可证可以同时转让,同时转让双方都必须遵守本法关于森林、林木采伐和更新造林的规定。
“除本条第一款规定的情形外,其他森林、林木和其他林地使用权不得转让。
“具体办法由国务院规定。”
8. Article 14 is changed to be Article 17, the first and second paragraphs are revised as follows: "Disputes arising between units over ownership or right of use of trees or forest land shall be handled by people's governments at or above the county level according to law.
"Disputes arising between individuals or between individuals and units over ownership of trees or right of use of forest land shall be handled by the local people's governments at the county or township level according to law."
   八、第十四条改为第十七条,第一款、第二款修改为:“单位之间发生的林木、林地所有权和使用权争议,由县级以上人民政府依法处理。
“个人之间、个人与单位之间发生的林木所有权和林地使用权争议,由当地县级或者乡级人民政府依法处理。”
9. Article 15 is changed to be Article 18, with one paragraph added as the second paragraph, and is revised as follows: "No forest land or only a small tract of forest land may be used for prospecting or exploiting mineral resources or for constructing projects. Where it is necessary to use or requisition forest land, the unit that wishes to use the land shall, after examination and approval by the competent forestry department of the people's government at or above the county level, go through the formalities of examination and approval for the use of the land for construction in accordance with laws and administrative rules and regulations regarding land administration and pay forest vegetation recovery fees in accordance with the relevant regulations of the State Council. Forest vegetation recovery fees shall be used for no other purposes; the competent forestry department shall, in accordance with relevant regulations, make unified arrangement for afforestation and forest vegetation recovery, and the afforestation area shall be no smaller than the forest vegetation area to be used or requisitioned. The competent forestry department at a higher level shall, at regular intervals, exercise supervision over and inspection of afforestation and forest vegetation recovery conducted by such department at a lower level.
"No unit or individual may divert the forest vegetation recovery fees for other purposes. Auditing organs of the people's governments at or above the county level shall exercise strict supervision over the use of forest vegetation recovery fees."
   九、第十五条改为第十八条,并增加一款,作为第二款,修改为:“进行勘查、开采矿藏和各项建设工程,应当不占或者少占林地;必须占用或者征用林地的,经县级以上人民政府林业主管部门审核同意后,依照有关土地管理的法律、行政法规办理建设用地审批手续,并由用地单位依照国务院有关规定缴纳森林植被恢复费。森林植被恢复费专款专用,由林业主管部门依照有关规定统一安排植树造林,恢复森林植被,植树造林面积不得少于因占用、征用林地而减少的森林植被面积。上级林业主管部门应当定期督促、检查下级林业主管部门组织植树造林、恢复森林植被的情况。
“任何单位和个人不得挪用森林植被恢复费。县级以上人民政府审计机关应当加强对森林植被恢复费使用情况的监督。”
10. One article is added as Article 20: "Forestry public security organs, established in forest areas in accordance with the relevant regulations of the State, are in charge of maintaining public security and order and protecting the forest resources in the areas under their jurisdiction, and they may also, acting in accordance with the provisions of this Law and within the limits of their power authorized by the competent forestry department under the State Council, exercise the right of imposing administrative penalties as provided for in Articles 39, 42, 43 and 44 of this Law.
"Forestry armed police units shall carry out the tasks entrusted by the State of protecting against and extinguishing forest fires."
   十、增加一条,作为第二十条:“依照国家有关规定在林区设立的森林公安机关,负责维护辖区社会治安秩序,保护辖区内的森林资源,并可以依照本法规定,在国务院林业主管部门授权的范围内,代行本法第三十九条、第四十二条、第四十三条、第四十四条规定的行政处罚权。
“武装森林警察部队执行国家赋予的预防和扑救森林火灾的任务。”
11. Article 20 is changed to be Article 24 and the first paragraph is revised as follows: "The competent forestry department under the State Council as well as the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall, for the purpose of better protection and administration, set up nature reserves in areas with typical forest ecology in different natural regions, forest areas where rare animals and plants propagate, natural tropical rain forests and other natural forest areas calling for special protection."
   十一、第二十条改为第二十四条,第一款修改为:“国务院林业主管部门和省、自治区、直辖市人民政府,应当在不同自然地带的典型森林生态地区、珍贵动物和植物生长繁殖的林区、天然热带雨林区和具有特殊保护价值的其他天然林区,划定自然保护区,加强保护管理。”
12. Article 23 is changed to be Article 27 and the first paragraph is revised as follows: "The trees planted by State-owned enterprises and institutions, government departments, public organizations and army units shall be managed by them and the proceeds therefrom shall be controlled by them in accordance with State regulations."
   十二、第二十三条改为第二十七条,第一款修改为:“国有企业事业单位、机关、团体、部队营造的林木,由营造单位经营并按照国家规定支配林木收益。”
13. Article 25 is changed to be Article 29 and revised as follows: "The State, acting on the principle that the consumption rate of a timber forest should be lower than its growth rate, imposes strict control on the annual quota for tree felling. Annual quotas for felling State-owned forests and trees shall be worked out on the basis of a State-owned enterprise, institution, farm, factory or mine, and annual quotas for felling forests and trees owned by collectives and trees owned by individuals shall be worked out on the basis of a county. These quotas shall then be aggregated by the competent forestry departments of provinces, autonomous regions, or municipalities directly under the Central Government and examined by the people's governments at the corresponding level, before they are submitted to the State Council for approval."
   十三、第二十五条改为第二十九条,修改为:“国家根据用材林的消耗量低于生长量的原则,严格控制森林年采伐量。国家所有的森林和林木以国有林业企业事业单位、农场、厂矿为单位,集体所有的森林和林木、个人所有的林木以县为单位,制定年采伐限额,由省、自治区、直辖市林业主管部门汇总,经同级人民政府审核后,报国务院批准。”
14. Article 28 is changed to be Article 32 and the provisions of "issuing felling licenses after examination" in the second, third, fourth and fifth paragraphs are revised as "felling licenses ... shall be issued, after examination and in accordance with relevant regulations, by ..."
   十四、第二十八条改为第三十二条,第二款、第三款、第四款和第五款中关于“审核发放采伐许可证”的规定修改为:“依照有关规定审核发放采伐许可证。”
15. Article 31 is changed to be Article 35 and revised as follows: "Units or individuals that are to fell trees shall complete the task of reforestation in terms of the area, number of trees, types of trees and time limit as provided for in the felling licenses, and the area of reforestation and the number of trees required to be planted shall be no smaller than the original area and the number of trees felled."
   十五、第三十一条改为第三十五条,修改为:“采伐林木的单位或者个人,必须按照采伐许可证规定的面积、株数、树种、期限完成更新造林任务,更新造林的面积和株数不得少于采伐的面积和株数。”
16. Article 33 is changed to be Article 37 and one paragraph is added as the second paragraph: "To units and individuals that have obtained felling licenses according to law and felled timber in accordance with the provisions of the felling licenses, the competent forestry department shall issue transportation licenses for them to transport the timber out of a forest area."
   十六、第三十三条改为第三十七条,增加一款,作为第二款:“依法取得采伐许可证后,按照许可证的规定采伐的木材,从林区运出时,林业主管部门应当发给运输证件。”
17. One article is added as Article 38: "The State prohibits and restricts the export of rare trees and their products and derivatives. A catalogue of such trees, products and derivatives shall be compiled and the restricted annual amount for their export shall be fixed by the competent forestry department under the State Council in conjunction with the relevant departments under the State Council, and both shall be submitted to the State Council for approval.
"The export of the rare trees or their products and derivatives, whose export is restricted under the provisions of the preceding paragraph, shall be examined by the competent forestry department under the people's government of the province, autonomous region or municipality directly under the Central Government where the exporter is located and shall be submitted to the competent forestry department under the State Council for approval, and the Customs shall let the same pass on the strength of the document of approval issued by the competent forestry department under the State Council. Where the trees or their products and derivatives to be imported or exported come under the category of imminently endangered species, whose import and export are restricted by the international treaties which China has acceded to, the importer and exporter shall, in addition, apply to the State institution in charge of import and export of imminently endangered species for a permission certificate, and the Customs shall let the same pass on the strength of such a certificate."
   十七、增加一条,作为第三十八条:“国家禁止、限制出口珍贵树木及其制品、衍生物。禁止、限制出口的珍贵树木及其制品、衍生物的名录和年度限制出口总量,由国务院林业主管部门会同国务院有关部门制定,报国务院批准。
“出口前款规定限制出口的珍贵树木或者其制品、衍生物的,必须经出口人所在地省、自治区、直辖市人民政府林业主管部门审核,报国务院林业主管部门批准,海关凭国务院林业主管部门的批准文件放行。进出口的树木或者其制品、衍生物属于中国参加的国际公约限制进出口的濒危物种的,并必须向国家濒危物种进出口管理机构申请办理允许进出口证明书,海关并凭允许进出口证明书放行。”
18. Article 34 is changed to be Article 39 and revised as follows: "Whoever illegally fells trees, bamboo, etc. shall compensate for the losses according to law; the competent forestry department shall order him to plant ten times the number of trees illegally felled, confiscate the trees illegally felled or the gains from the sale of them, and fine him not less than three times but not more than ten times the value of the trees illegally felled."
"Whoever indiscriminately fells trees, bamboo, etc. shall be ordered by the competent forestry department to plant five times the number of trees, etc. indiscriminately felled and shall be fined not less than two times but not more than five times the value of the trees, etc. indiscriminately felled.
"Where a person who violates the law refuses to replant trees or fails to do so in compliance with the regulations of the State, the competent forestry department shall do the replanting instead, and the person shall pay the expense thus incurred.
"Whoever illegally or indiscriminately fells trees, bamboo, etc., if the violation constitutes a crime, shall be investigated for criminal responsibility in accordance with law."
   十八、第三十四条改为第三十九条,修改为:“盗伐森林或者其他林木的,依法赔偿损失;由林业主管部门责令补种盗伐株数十倍的树木,没收盗伐的林木或者变卖所得,并处盗伐林木价值三倍以上十倍以下的罚款。
“滥伐森林或者其他林木,由林业主管部门责令补种滥伐株数五倍的树木,并处滥伐林木价值二倍以上五倍以下的罚款。
“拒不补种树木或者补种不符合国家有关规定的,由林业主管部门代为补种,所需费用由违法者支付。
“盗伐、滥伐森林或者其他林木,构成犯罪的,依法追究刑事责任。”
19. One article is added as Article 40: "Whoever, in violation of the provisions of this Law, illegally fells or damages rare trees shall be investigated for criminal responsibility in accordance with law."
   十九、增加一条,作为第四十条:“违反本法规定,非法采伐、毁坏珍贵树木的,依法追究刑事责任。”
20. Article 35 is changed to be Article 41 and revised as follows: "Where a competent forestry department, in violation of the provisions of this Law, issues tree felling licenses in excess of the approved annual felling quotas or issues tree felling licenses, timber transportation certificates, export permission documents, or import and export permission certificates by overstepping of authority, the competent forestry department of the people's government at the next higher level shall order it to rectify the violation and shall, in accordance with law, impose administrative sanctions on the persons who are directly in charge and the other persons who are directly responsible; where the competent forestry department of the said people's government fails to have the violation rectified, the competent forestry department under the State Council may handle the case directly; where a crime is constituted, criminal responsibility shall be investigated in accordance with law."
   二十、第三十五条改为第四十一条,修改为:“违反本法规定,超过批准的年采伐限额发放林木采伐许可证或者超越职权发放林木采伐许可证、木材运输证件、批准出口文件、允许进出口证明书的,由上一级人民政府林业主管部门责令纠正,对直接负责的主管人员和其他直接责任人员依法给予行政处分;有关人民政府林业主管部门未予纠正的,国务院林业主管部门可以直接处理;构成犯罪的,依法追究刑事责任。”
21. Article 36 is changed to be Article 42 and revised as follows: "Where a person, in violation of the provisions of this Law, buys or sells tree felling licenses, timber transportation certificates, export permission documents or import and export permission certificates, the competent forestry department shall confiscate the said licenses, certificates or documents and the illegal gains therefrom and fine him not less than one time but not more than three times the money spent on illegally buying or gained from illegally selling such licenses, certificates or documents. If the violation constitutes a crime, the person shall be investigated for criminal responsibility in accordance with law.
"Whoever counterfeits tree felling licenses, timber transportation certificates, export permission documents or import and export permission certificates shall be investigated for criminal responsibility in accordance with law."
   二十一、第三十六条改为第四十二条,修改为:“违反本法规定,买卖林木采伐许可证、木材运输证件、批准出口文件、允许进出口证明书的,由林业主管部门没收违法买卖的证件、文件和违法所得,并处违法买卖证件、文件的价款一倍以上三倍以下的罚款;构成犯罪的,依法追究刑事责任。
“伪造林木采伐许可证、木材运输证件、批准出口文件、允许进出口证明书的,依法追究刑事责任。”
22. One article is added as Article 43: "Where a person illegally buys trees in a forest area while clearly knowing that they are illegally or indiscriminately felled, the competent forestry department shall order him to stop buying the trees, or confiscate the illegally or indiscriminately felled trees he illegally buys or the gains he obtains from selling them, and it may also fine him not less than one time but not more than three times the money he spends on illegally buying the trees. If a crime is constituted, he shall be investigated for criminal responsibility in accordance with law."
   二十二、增加一条,作为第四十三条:“在林区非法收购明知是盗伐、滥伐的林木的,由林业主管部门责令停止违法行为,没收违法收购的盗伐、滥伐的林木或者变卖所得,可以并处违法收购林木的价款一倍以上三倍以下的罚款;构成犯罪的,依法追究刑事责任。”
23. Article 37 is changed to be Article 44 and revised as follows: "Whoever, in violation of the provisions of this Law, reclaims land, quarries stone, digs sand or earth, gathers seeds or resin or engages in other activities and thereby causes damage to forests or trees shall compensate the losses according to law; the competent forestry department shall order him to stop violating the provisions and to replant not less than one time but not more than three times the number of trees damaged, and it may also fine him not less than one time but not more than five times the value of the forests or trees damaged.
"Whoever, in violation of the provisions of this Law, cuts firewood or grazes animals in young growth areas or forests for special uses and thereby causes damage to the forests or trees shall compensate the losses according to law; the competent forestry department shall order him to stop violating the provisions and to replant not less than one time but not more than three times the number of trees damaged.
"Where a person who violates the law refuses to replant the trees or fails to do so in compliance with the relevant regulations of the State, the competent forestry department shall do the replanting instead, and the person shall pay the expense thus incurred."
   二十三、第三十七条改为第四十四条,修改为:“违反本法规定,进行开垦、采石、采砂、采土、采种、采脂和其他活动,致使森林、林木受到毁坏的,依法赔偿损失;由林业主管部门责令停止违法行为,补种毁坏株数一倍以上三倍以下的树木,可以处毁坏林木价值一倍以上五倍以下的罚款。
“违反本法规定,在幼林地和特种用途林内砍柴、放牧致使森林、林木受到毁坏的,依法赔偿损失;由林业主管部门责令停止违法行为,补种毁坏株数一倍以上三倍以下的树木。
“拒不补种树木或者补种不符合国家有关规定的,由林业主管部门代为补种,所需费用由违法者支付。”
24. One article is added as Article 46: "Any member of the competent forestry department for protection of forest resources and for forestry supervision and administration or any functionary of other State organs concerned who abuses his power, neglects his duty or conducts malpractices for personal gain, if the case constitutes a crime, shall be investigated for criminal responsibility in accordance with law; if the case is not serious enough to constitute a crime, he shall be given administrative sanction according to law."
   二十四、增加一条,作为第四十六条:“从事森林资源保护、林业监督管理工作的林业主管部门的工作人员和其他国家机关的有关工作人员滥用职权、玩忽职守、徇私舞弊,构成犯罪的,依法追究刑事责任;尚不构成犯罪的,依法给予行政处分。”
25. Article 39 is deleted.
   二十五、删去第三十九条。
26. In the other articles of this Law, "owned by the whole people" is revised as "owned by the State".
This Decision shall be implemented as of July 1, 1998.
The Forestry Law of the People's Republic of China shall be revised correspondingly in accordance with this Decision and promulgated anew.
   二十六、将本法其他各条款中的“全民所有”改为“国家所有”,“国营”改为“国有”。
本决定自1998年7月1日起施行。
中华人民共和国森林法》根据本决定作相应的修改,重新公布。
     
     
【法宝引证码】        北大法宝www.lawinfochina.com
Message: Please kindly comment on the present translation.
Confirmation Code:
Click image to reset code!
 
  Translations are by lawinfochina.com, and we retain exclusive copyright over content found on our website except for content we publish as authorized by respective copyright owners or content that is publicly available from government sources.

Due to differences in language, legal systems, and culture, English translations of Chinese law are for reference purposes only. Please use the official Chinese-language versions as the final authority. lawinfochina.com and its staff will not be directly or indirectly liable for use of materials found on this website.

We welcome your comments and suggestions, which assist us in continuing to improve the quality of our materials.
 
Home | Products and Services | FAQ | Disclaimer | Chinese | Site Map
©2012 Chinalawinfo Co., Ltd.    database@chinalawinfo.com  Tel: +86 (10) 8268-9699  京ICP证010230-8