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Decision Of The State Forestry Administration To Amend Some Rules

Original Language Title: 国家林业局关于修改部分部门规章的决定

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  From the State Forestry Administration to amend some regulations decision on April 27, 2015 Council for consideration by the State Forestry Administration, are hereby promulgated and, as of the date of promulgation.

April 30, 2015 national forestry Council on modified part sector regulations of decided according to People's Republic of China company law and State on issued registered capital registration system reform programme of notification (country sent (2014) 7th,), about provides, on about sector regulations for following modified: a, and national focus protection wildlife domesticated breeding license management approach (on January 9, 1991 Forestry Department released, January 25, 2011 national forestry Council makes 26th, modified)

(A) delete the third article in the "funds".

(B) deletion of the sixth article.

Second, the management measures of forest tree seed production, operating licenses (5th of November 2, 2002, the National Forestry Bureau, State Forestry Board modified the 26th January 25, 2011) (a) delete the seventh first second "and evidence of sufficient funds".

(B) deleting the eighth paragraph of the second "and evidence of sufficient funds".

(C) delete the 11th article of the fourth "and capital".

(D) the 12th article of the first and third paragraph be deleted first.

(E) delete article 22nd.

Third, the introduction of terrestrial wildlife species number and type approval regulations (September 27, 2005, the State Forestry Administration, the 19th) (a) delete article fifth third in the "funds".

(B) delete the sixth article in the "funds".

And the State forestry administration management measures of product quality inspection agencies (November 30, 2007, the State Forestry Administration, the 24th) (a) delete the fifth article.

This decision shall come into force as of the date of.

According to this decision, the domestication and breeding of wildlife under special State protection of the licensing regulations, the tree seed production, operating license regulation, the introduction of terrestrial wildlife species number and type approval regulations product quality inspection agencies, the national forestry Council regulation be revised and republished. Domestication and breeding of wildlife under special State protection license management (January 9, 1991, according to the Forestry Department on January 25, 2011, the State Forestry Administration modified April 30, 2015, the State Forestry Administration, 26th to 37th, modified) article for the conservation, development and rational utilization of wildlife resources, strengthen the domestication and breeding of wildlife management, maintenance of domestication and breeding of wildlife the legitimate rights and interests of units and individuals, in accordance with the People's Republic of China wildlife conservation law article 17th

And these measures are formulated. Article II units and individuals engaged in the domestication and breeding of wildlife must be made of the national key protected wild animal domestication and breeding licenses (hereinafter referred to as domestication and breeding licenses).

Not achieved the domestication and breeding licenses, units and individuals shall not be engaged in the domestication and breeding of wildlife activity.

Wildlife in these measures refers to terrestrial wildlife under special State protection; that domestication and breeding, refers under controlled conditions, for conservation, research, scientific experiments, exhibitions and other economic purpose of domestication and breeding of wildlife activity.

Article III units and individuals who meet the following conditions may apply for the domestication and breeding licenses: (a) appropriate to domestication and breeding of wildlife sites and necessary facilities, (ii) compatible with the domestication and breeding of wildlife species, the number of staff and technology; (iii) domestication and breeding of wildlife feed source is guaranteed.

The fourth under any of the following circumstances, may not approve of the domestication and breeding licenses: (a) the wildlife resource is not clear, (ii) domestication and breeding has not been successful or technique has yet to cross the border; (c) wildlife resources and very little, can not meet the provenance of domestication and breeding requirements.

Fifth of domestication and breeding of wildlife unit and individual, must be submitted to the County Government departments of wildlife administration written application and fill in the domestication and breeding of wildlife under special State protection permit application form.

Where the domestication and breeding of wildlife protection at the national level, provinces, autonomous regions and municipalities directly under the Government Department of Forestry Administration reported to the Ministry of forestry approved where the domestication and breeding of second-class protected animals, by the Government of the provinces, autonomous regions and municipalities directly under the forestry administrative departments for examination and approval.

Approval of domestication and breeding of wildlife, make a decision on the administrative license shall be issued by the competent administrative Department of Forestry of the domestication and breeding licenses.

The domestication and breeding licenses, and the domestication and breeding of wildlife under special State protection permit application form printed by the Ministry of forestry.

Sixth article domesticated breeding wildlife of units and personal, should comply with following provides: (a) comply with national and place about wildlife protection management policy and regulations, care and support wildlife protection career; (ii) for domesticated breeding of wildlife source meet national provides; (three) accept wildlife of administrative competent sector of supervision check and guide; (four) established wildlife domesticated breeding archives and statistics system; (five) by about provides sold, and using its domesticated breeding wildlife and products. Seventh articles of domestication and breeding of wildlife units and individuals must be in accordance with the provisions of the domestication and breeding licenses, domestication and breeding the kinds of activities.

Need to change the domestication and breeding of wildlife species, shall apply mutatis mutandis the provisions of article fifth, in the original approval authority to apply the change within 2 months; need to terminate the domestication and breeding of wildlife activity shall, within 2 months the original organ for the termination procedures, and return the original of the domestication and breeding licenses.

Eighth due to domestication and breeding of wildlife need to be obtained from wild sources, must be in accordance with the People's Republic of China 16th of the Wildlife Protection Act and related regulations.

Nineth article made domesticated breeding license of units and personal, need sold, and using its domesticated breeding of national level protection wildlife and products of, must by forestry department or its authorized of units approved; need sold, and using its domesticated breeding of national II level protection wildlife and products of, must by province, and autonomous regions, and municipalities Government forestry administrative competent sector or its authorized of units approved.

Made of the domestication and breeding licenses, units and individuals may not be sold or used without approval of their domestication and breeding of wildlife and its products. Tenth Government at or above the county level shall wildlife administrative department or its authorized body shall periodically examine the domestication and breeding licenses.

Without the domestication and breeding licenses, domestication and breeding of wildlife activity and individuals, the Government above the county level departments of wildlife administration shall confiscate the domestication and breeding of wildlife. 11th article made domesticated breeding license of units and personal, has following situation one of of, except by wildlife protection legal, and regulations of about provides processing outside, approved domesticated breeding wildlife or issued domesticated breeding license of organ can cancellation its domesticated breeding license, and can recommends business administration sector revoked its enterprise corporate license or license: (a) beyond domesticated breeding license of provides domesticated breeding wildlife type of; (ii) hide, and

Falsification or other illegal means to obtain the domestication and breeding licenses, and (iii) forgery, alteration, transfer or resell the domestication and breeding licenses, and (iv) the illicit sale, use the domestication and breeding of wildlife and wildlife products, (v) achieved the domestication and breeding licenses, domestication and breeding activity in not within 1 year later.

Cancelled units and individuals of the domestication and breeding licenses, should immediately stop the domestication and breeding of wildlife activity, the domestication and breeding of wildlife by Governments above the county level wildlife administrative department or its authorized body in accordance with the relevant provisions.

12th of provinces, autonomous regions and municipalities directly under the forestry administrative departments of the Government to establish the domestication and breeding licenses, approvals, issued by the system, equipped with expert management, using the Special seal for wildlife management.

The 13th article of the approach by the Ministry of forestry is responsible for the interpretation.

14th these measures shall come into force on April 1, 1991.

Tree seed production and business license management (November 2, 2002, the State Forestry Administration, 5th January 25, 2011, national forestry Board modified the 26th April 30, 2015, national forestry Board modified the 37th) Chapter I General provisions article specification tree seed production, license management, according to the People's Republic of China seed law of the relevant provisions, these measures are formulated.

Article in the People's Republic of China territory of forest seed production, applications for operating permits, auditing, origination, and management and other activities, these measures shall apply.

Forest tree seeds in these measures, business licenses are the licenses and forest tree seed production seed business permit.

Third tree seeds in these measures refers to the tree planting material (seedlings) or propagation, specifically refers to trees, shrubs, Woody vines and other woody plants and used for forestry and afforestation of herb seeds, fruits, roots, stems, shoots, buds, leaves, etc.

Fourth seed production of primary forest products unit and individual shall obtain tree seed production, according to tree seed production permit production; in tree seed business units and individuals shall obtain tree seed business permit, as stipulated in the business licenses of forest tree seed management.

Fifth administrative departments of people's Governments above the county level forestry tree seed production, license review, issuance and management, seedling management of specific work by their respective agencies.

Chapter II application article sixth seed production of primary forest products or to units and individuals engaged in forest tree seed management, should be the people's Governments above the county level forestry administrative departments or their applications for forest seed production, seedling management of business licenses.

Seventh article application forest seed production license of units and personal, should submitted following material: (a) note has producers basic situation, and production varieties, and technicians, and facilities equipment situation, content of forest seed production license application table; (ii) production with to using proved, and seed forest points proved and the production locations quarantine proved; (three) forest seed test, and production technicians qualification proved; (four) forest seed production, and processing, and test, and storage facilities and instrument equipment of ownership or right proved.

Application for a plant variety right of forest seed production, variety right owner's written consent should be provided or the variety right transferring announcement of the State Forestry Administration, compulsory license decisions.

Applications for improved varieties of forest tree seed production licences should provide tree variety Appraisal Committee of the State Forestry Administration, or provinces, autonomous regions and municipalities directly under the forest tree species in a copy of the certificate issued by the Certification Committee.

Eighth article application forest seed business license of units and personal, should submitted following material: (a) note has operators basic situation, and business varieties, and technicians, and facilities and equipment situation, content of forest seed business license application table; (ii) business places using proved; (three) forest seed processing, and packaging, and storage facilities equipment and seedlings test instrument equipment of ownership or right proved; (four) forest seed test, and storage, and custody, technicians qualification proved.

Apply for business licenses of improved varieties of forest tree seed, it shall provide tree variety Appraisal Committee of the State Forestry Administration, or provinces, autonomous regions and municipalities directly under the forest tree species in a copy of the certificate issued by the Certification Committee.

Apply for the breeding, production and management combines business licenses of tree seeds, shall provide their own introduction to the varieties of show or breeding purposes.

Apply for tree seed import and export business of forest seed management license should be provided with proof of tree seed import/export licenses.

Chapter review and release the Nineth of main tree species of tree seed production, operating licenses, from seed production, the operator competent administrative departments of people's Governments at the County forestry and forestry administrative departments of the people's Governments of provinces, autonomous regions and municipalities issued; other tree seeds (including nursery stock) business licenses from seed production, production, management of forestry issued by the administrative departments of local people's Governments at or above the County.

Combining the introduction of breeding, production and management, registered capital reaches 20 million yuan of seed companies and the tree seeds in seed import and export business of company business license, by its seat of the province, autonomous region or municipality Administrative Department of forestry audit, issued by the State forestry administration.

Tenth Article County above Government forestry administrative competent sector should since accepted of day up 20th within, on provides of about material and the production with to, and production mechanical, and business places, and warehouse facilities, and test facilities, and instrument equipment, for audit, on meet this approach provides conditions of, signed audit views or issued forest seed production, and business license; on not meet this approach provides conditions of, should written notification application who or audit of organ, and description reason, and returned about material. 11th article meet following conditions of, forestry administrative competent sector should issued forest seed production license: (a) has breeding seed of isolation and foster conditions; (ii) No quarantine sex pest; (three) has according to about standard, and provides established or determine of seed Park, and mother Woods, and mining spike nursery or other seed forest and the nursery to; (four) has necessary of production, and test facilities; (five) has by County above Government forestry administrative competent sector training qualified made qualification certificate of forest seed production, and processing, and Test, and storage, and custody technicians (which field nursery area insufficient 50 acres of, should has technician or nursery skilled personnel; field nursery area 50 acres above 100 acres following of, should has related professional medium professional above degree, and primary above technology titles or by County above Government forestry administrative competent sector training of technicians; used container nursery, and Organization training, and greenhouse, and big shed, advanced technology equipment for nursery production or field nursery area over 100 acres of,

Should have the relevant professional diploma, mid-level technical titles or administrative departments of people's Governments above provincial level forestry training technicians).

Production grain, and fruit, sexual breeding material of, except has Qian paragraph provides of conditions outside, also should has following conditions: (a) has bleachery, and seed processing and drying equipment, and storage facilities, including seed library, and seed wind selected and featured machine,; (ii) has thermostat training box, and light training box, and dry box, and Spike sample device, and balance, and refrigerator, necessary of seed test instrument equipment.

12th article that meets the following conditions, shall be issued by the competent administrative Department of forestry tree seed license: (a) and the operation of forest tree seeds adapted to the type and quantity of business premises, (ii) have the necessary facilities, (iii) with the competent administrative Department of the people's Government above the county level forestry training qualifications of forest tree seed testing, processing, preservation, storage and technical personnel.

Business grain, and fruit, sexual breeding material of, except has Qian paragraph provides of conditions outside, also should has following conditions: (a) has seed processing and drying equipment, and storage facilities, including seed library, and seed featured machine, and seed packaging machine,; (ii) has thermostat training box, and light training box, and dry box, and Spike sample device, and balance, and refrigerator, necessary of seed test instrument equipment.

Combine implementation of breeding, production and management, in addition to the conditions provided for in the preceding two paragraphs of this article shall also meet the following conditions: (a) fixed seed-breeding base, (ii) have more than 3 departments of people's Governments above provincial level forest administration examination of seed inspectors.

The fourth chapter, supervision and management of the 13th seed production, the operator shall, in accordance with forest tree seed production, operating license approved for production, business locations and types of production, management of production, management must not exceed production, the scope of business.

14th seed production, operating license is valid for a period of three years.

Tree seed production, operating license expires to apply for a replacement card, or operator shall, in forest tree seed production, two months before the expiry date of the license, certified the original issuing authorities to apply for recertification.

Tree seed production, license term, need to change the license indicated projects, shall, in accordance with the provisions of article Nineth, and apply the change, change project and provide proof.

15th seed dealers in forest tree seed management under license to set up branches outside the region in force, should be located in the branch to re-apply for tree seed management license.

16th system of forest seed production, operating permits the implementation of annual reports.

The provinces, autonomous regions and municipalities directly under the forestry administrative departments before the end of March in each year an annual certification report on the State forestry administration.

17th forestry administrative departments shall establish a tree seed production, license management, and specifically includes: application materials, examining and issuing materials and documents stipulated by relevant laws and regulations.

Tree seed production, operating license files from a tree seed production, operating licenses cancelled or shall be kept for at least five years from the date of lapse.

18th article issued by the administrative departments of forestry seeds of improved varieties of forest tree production, business licenses, and tree varieties variety name identified by the Committee should be used, and also mention the seed number.

Department of Forestry Administration issued business licenses of other tree seed production, and not use seeds or breed, fast-growing variety with high quality, high-yielding varieties and so forth.

19th article has made forest seed seed production, and business license of, should since know its production, and business of seed was law canceled or suspended decided of day up 20th within, will has made of forest seed production, and business license make back original sent card organ or handle corresponding of change procedures; late not make or not handle change procedures of, to not made seed production, and business license punished.

Fifth chapter supplementary articles article 20th seed production, operating license and format established by the State forestry administration of the application form.

21st article this way come into force on December 15, 2002. Introduced land health wildlife foreign species type and the number approval management approach (on September 27, 2005 national forestry Council makes 19th, according to April 30, 2015 national forestry Council makes 37th, modified) first article to strengthening land health wildlife foreign species management, prevent land health wildlife foreign species invasion, protection biological diversity, maintenance land ecological security, according to People's Republic of China administrative license method, and State on does needed retained of administrative approval project set administrative license of decided

(State Council Decree No. 412) and relevant regulations of the State, these measures are formulated.

Article implementation of the introduction of terrestrial wildlife species number and type approval of administrative licensing items shall abide by these measures.

Article terrestrial wildlife species mentioned in these measures refers to natural distribution in terrestrial wildlife living and breeding material abroad.

Fourth article introducing exotic species of terrestrial wild animals, safety precautions should be taken to prevent their escape, diffusion, avoiding natural hazards. Fifth article need from outside introduced land health wildlife foreign species of, applicants should submitted following material: (a) application report, and import and export application table and the imports purpose of description; (ii) party signed of contract or agreement, belongs to delegate introduced of, also should provides delegate agent contract or agreement; (three) proved has and introduced land health wildlife foreign species type and the number phase adapted of personnel and technology of effective file or material, and security of description; (four) location province, and autonomous regions, and

Written opinion of the municipal forestry authority.

Application was first introduced outside of terrestrial wildlife species, the applicant should also be submitted to prove the identity of the applicant the effective documents and proposed implementation plan on introduction of isolation.

Sixth article application material complete and meet following conditions of, national forestry Council should made granted administrative license of decided: (a) has and introduced land health wildlife foreign species type and the number phase adapted of personnel and technology; (ii) has suitable commercial business using and scientific research foreign species of fixed places and necessary facilities; (three) has security reliable of anti-escape management measures; (four) has corresponding of emergency event disposal measures. Seventh article national forestry Council in received introduced land health wildlife foreign species type and the number approval of application Hou, on application material complete, and meet statutory form of, rates issued national forestry Council administrative license accepted notice; on not accepted of, should rates told applicants and description reason, issued national forestry Council administrative license not accepted notice; on application material not align or not meet statutory form of, should in 5th within issued national forestry Council administrative license correction material notice,

And at once inform all applicants need to supplement the content.

Eighth National Bureau of forestry administrative licensing decisions are made, needs to hold hearings or expert assessment shall be effective as of the date of acceptance in the 10th, issued by the State Bureau of forestry administrative permit required hearing, tender, auction, testing, inspection, and quarantine, evaluation and expert review notice and hearings or expert review time required to inform the applicant.

Hearings and expert review the time required before making a decision on the administrative license within the time limit is not evaluated.

Nineth SFA shall from the date of acceptance of the decision whether or not to grant an administrative license in the 20th, written decision on approving an administrative license is issued by the National Forestry Bureau or the State Forestry Administration to reject the licensing book and inform the applicant.

Cannot make a decision on the administrative license within the statutory time limits, approved by the head of the State Forestry Bureau, state forestry administration shall, before the expiry of the statutory time limit on 5th handle State Bureau of forestry administrative permit extension notice, and inform the applicant.

Section tenth was first introduced outside of terrestrial wildlife species for domestication and breeding, introduction experiment of isolation should be carried out.

Introduction experiment of isolation by provinces, autonomous regions and municipalities designated by the forestry authorities and research bodies or expert assessment, assessment by before they can continue to introduce and promote. Introduction experiment of isolation test should be included.

Pilot has not been successful, assessments shall be passed.

Community nature reserves, nature conservation, forest parks, scenic spots and natural eco-environment of special or fragile areas, shall develop introduction experiment of isolation.

11th prohibits release activities in the field of terrestrial wildlife species.

For scientific research, biological control, wildlife population structure adjustment and other exceptional circumstances, need to release exotic species of terrestrial wild animals, in accordance with the People's Republic of China terrestrial wildlife protection regulations for the implementation of the relevant provisions.

12th approved terrestrial wildlife species introduced from abroad and its offspring, the product shall be marked in accordance with the relevant provisions of the State. 13th escape terrestrial wildlife species occur, the licensee shall immediately report to the local forestry department, by the local forestry authorities shall order its deadline to catch or take other remedial measures.

Being ordered back to catcher or take other remedial measures and refused to implement, the local forestry authority or its delegate unit can catch or take other remedial measures, and borne by licensee full catch of requirements or take other remedial measures; damage, liability in accordance with the relevant laws and regulations.

14th confiscated according to law of terrestrial wildlife species should be determined by the local forestry authorities above the county level in accordance with the relevant provisions of the State.

15th state forestry administration established the terrestrial wildlife species Advisory Scientific Committee, is responsible for the management of terrestrial wildlife species scientific feasibility studies, assessment and advice.

16th forestry authorities at all levels should be established to prevent invasive alien species of terrestrial wild animals early warning and emergency mechanism.

Terrestrial wildlife species found in the wild, local forestry authorities should immediately to the people's Government at the forestry authorities and superior reporting, monitoring and prevention measures and, in conjunction with the relevant departments.

17th of provinces, autonomous regions and municipalities introduce within their respective administrative areas between terrestrial wildlife species with no natural distribution, in accordance with national and provincial, autonomous region, municipality directly under the relevant regulations.

18th the introduction of terrestrial wildlife belongs to China to participate in international conventions restrict the import and export of endangered species, must apply to the national endangered species import and export management to handle import and export permit certificate.

19th these measures shall come into force on November 1, 2005.

State Bureau of forestry administrative measures for product quality inspection agencies (November 30, 2007, the State Forestry Administration, the 24th April 30, 2015, national forestry Board modified the 37th) first in order to standardize the State Bureau of forestry product quality inspection agencies (hereinafter "forestry inspection agencies") management, in accordance with the People's Republic of China standardization law and relevant regulations of the State, these measures are formulated.

Forestry inspection agencies in these measures in article, refers to the approval of the State Forestry Administration established institutions engaged in forestry product quality inspection and testing activities.

  Article III of the State forestry administration according to law is responsible for monitoring and guiding the management of forestry inspection agencies.

Article fourth forestry inspection agencies shall, in accordance with scientific and impartial principle, strictly enforcing the relevant laws, regulations and technical standards.

Forestry inspection bodies established by section fifth applicant, subject to the following conditions: (I) with the national forestry product quality supervision and inspection required under basic conditions institutions and personnel, equipment, facilities and environment and quality systems, and (ii) other requirements as prescribed by the State forestry administration. Article the applicant shall submit a written application of the following materials: (a) the application for setting up forestry inspection agencies, (ii) the feasibility report.

Main contents include: personnel, equipment and facilities, professional qualifications, funding sources, products and standards to be applied for inspection, inspection capability assessment; (c) other materials prescribed by the State forestry administration. Seventh article national forestry Council should in received forestry quality institutions established of application Hou, on application material complete, and meet statutory form of, rates issued national forestry Council administrative license accepted notice; on not accepted of, should rates told applicants and description reason, issued national forestry Council administrative license not accepted notice; on application material not align or not meet statutory form of, should in 5th within issued national forestry Council administrative license correction material notice,

And at once inform all applicants need to supplement the content.

The Eighth National Bureau of forestry administrative license as provided herein, you need expert on-site review, shall be effective as of the date of acceptance in the 10th, issued by the State Bureau of forestry administrative permit required hearings, bidding, auction, testing, inspection, and quarantine, identification and advice of specialists, specialists in time required to inform the applicant.

Expert on-site assessment time required before making a decision on the administrative license within the time limit is not evaluated.

Nineth SFA shall from the date of acceptance of the decision whether or not to grant an administrative license in the 20th, written decision on approving an administrative license is issued by the National Forestry Bureau or the State Forestry Administration to reject the licensing book and inform the applicant.

The State Forestry Administration decision on approving an administrative license is made, which should include issuing forestry inspection authority certificate, and shall be published.

Tenth cannot make a decision on the administrative license within the statutory time limit in section, approved by the head of the State Forestry Administration, state forestry administration shall, before the expiry of the statutory time limit on 5th handle State Bureau of forestry administrative permit extension notice, and inform the applicant.

11th forestry inspection agencies need to change the scope of inspection shall, in accordance with the regulations to apply to the State Forestry Administration to meet the conditions as provided herein, shall go through the procedures of State Forestry Bureau.

The 12th forestry inspection authority authorization certificate is valid for 5 years.

Needs to extend validity of certificate of quality inspection institutes of forestry, forestry inspection body shall, before the expiry of 6 months apply in writing to the State Forestry Administration, the State Forestry Bureau shall make a decision on whether to approve the extension before the expiry of the validity period.

13th forest closure or cancellation of a certificate of authenticity shall be of quality inspection institutes, State Forestry Administration should promptly make an announcement.

14th forestry inspection agencies should be on the inspection report, stamped with the State Forestry Administration provided authorization identity. 15th forestry inspection agencies to know in the inspection of State secrets, trade secrets, confidentiality obligations.

Adverse effects caused by the leaks, shall bear legal liability.

Forestry shall not be forged or altered inspection results of quality inspection institutes.

16th without approval of the State forestry administration of product quality inspection agencies, shall not be used in the name of "the State Forestry Administration," "China (or national) forest" and other words easily confused with forestry inspection agencies.

17th State Forestry Bureau of forestry product quality inspection activities of quality inspection departments supervise and inspect the situation.

Forest inspection agency shall provide the State forestry administration requirements of materials and information.

18th state forestry administration staff in the implementation of forestry inspection authority for approval of administrative permission Act, abuse of power, favoritism, given administrative sanctions according to law.

19th forestry inspection agencies subject to administrative law-enforcement agencies or citizens, legal persons and other organizations commissioned to provide forest products inspection services shall bear the corresponding legal responsibility.

Forestry inspection in the inspection body and its staff, forged or altered inspection results, shall be given sanctions in serious cases, criminal responsibility shall be investigated according to law. 20th these measures come into force on January 1, 2008. Published on August 25, 1997, the Ministry of forestry product quality supervision and inspection agencies at the ministerial level (trial) be repealed simultaneously.