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Profit Control Management

Original Language Title: 营利性治沙管理办法

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(July 1, 2004 the State forestry administration released 11th come into force on September 1, 2004) first in order to regulate the profit-making activities to combat desertification, protect the legitimate rights and interests of units and individuals of the profit-making activities to combat desertification, in accordance with the People's Republic of China Law on sand prevention (hereinafter referred to as sand method) relevant provisions of these measures.
    Article in the context of national anti-desertification plan engaged in profit-making activities to combat desertification to apply this approach.
    Profit-making activities to combat desertification refers to does not have land ownership or right to use of the units and individuals, after obtaining the land use right according to law, for the purpose of obtaining certain economic benefits, through various measures on land management and desertification control activities.
    III forestry administrative departments of the people's Governments at and above the county level shall be responsible for profit-making activities to combat desertification for accepting applications and check management.
    Article fourth engaged in the profit of State-owned land units and individuals shall be competent and authorized by law to administer the land or the right to use the land people on a governance agreement, made of desertified lands in the land use right according to law.
    Engage in for-profit management collectives of desertified land, has not been contracted to household units and individuals shall be signed a management agreement with the collective economic organizations, made of desertified lands in the land use right according to law.
    Engaged in the non-profit collective, but of desertified land has been contracted to units and individuals shall be signed with the contractor of the land governance agreement, made of desertified lands in the land use right according to law.
    Article fifth profit-control scope of desertified land in County-level administrative areas, by local people's Governments at the county level Forestry Administration Department is responsible for handling applications for counties (cities), city divided into districts, autonomous jurisdiction, jointly by the competent administrative departments of local people's Governments at a higher level of forestry is responsible for the acceptance of the application. Sixth engaged in profit-making activities to combat desertification unit and individual shall, in accordance with article 26th sand next to related material specified in paragraph, apply to the Administrative Department in charge of forestry management, and fill in the application form of governance.
    Main content about governance agreements should include: governance organization or individual names, parties to the agreement the rights and obligations of desertified lands, the proposed treatment four to boundaries, area, such as governance, liability for breach.
    Article seventh sand article 27th other matters set forth under the sixth should include: status quo of desertification land governed, after management of the land use, governance project investment budget and sources of funding.
    Article eighth of forestry administrative departments shall receive control applications and related documents within 7 working days after, a preliminary review of the application materials; management application and related documents in accordance with this article sixth and seventh article of forestry administrative departments shall be admissible; do not meet requirements, inadmissible, and notify the applicant, justify or require additional related material.
    Nineth Department of forestry administration decided to accept the petition, shall organize relevant experts on the treatment technology demonstration, and can be based on operational requirements, staff to put forward involved in profit-making activities to combat desertification and desertization land and submitted the file content verification and investigation in the field.
    Verification and investigation staff should be no less than 2. Tenth Department of forestry administration in decisions within 30 working days from the date of acceptance of the application, meets the sand prevention and control law and the provisions of these measures should be publicized, and notify the applicant in writing.
    Public notice shall include the following main elements: (a) apply for company name or personal name, (ii) management scope, four to an area of desertified land, (iii) governing land ownership or right, as well as the release of the ownership certificate and (iv) governing the main elements of the programme.
    11th under any of the following circumstances, the forestry administrative departments shall not be public, and notify the applicant in writing: (a) the management station does not conform to the national and local anti-desertification plan; (b) the lack of governance within the land-use rights; (c) the funds are not guaranteed, and (d) governance programme through expert technology demonstration.
    12th units and individuals engaged in for-profit and desertification control, and must govern according to the publication scheme.
    13th needs to change the original treatment, should be submitted to the publicity Department of forestry administration change management programme and a written application.
    14th article change management programme and a written application must include the following: (a) the original written public documents; (b) the original treatment plan, (iii) the specific details and reasons of the change of governance.
    Change governance set out in the programme specifications should be better than the original governance programme specifications.
    15th forestry administrative departments shall, within 15 working days after receiving the request, agree to change or do not agree with the change in the decision, and notify the applicant of proposed changes.
    Without approval of the original Department of forestry administration, no unit or individual is allowed to change the governance of public programmes. 16th of profit-control units and individuals may require guidance from the Department of forestry administration.
    Of forestry administrative departments should be based on profit control unit and individual requirements, providing guidance in the following areas: (a) policies and regulations advice on sand prevention and control work, (ii) preparation of the governance programme (iii) prepare annual work design; (d) the provision of related technical training.
    Article 17th of profit-control units and individuals upon completion of the governance programme task, should be submitted to the publicity Department of forestry administration acceptance of applications acceptance application form and fill out the profit control.
    Article 18th Department of Forestry Administration received within 30 working days after acceptance of the application shall be determined according to the scheme of the technical indicators organized inspection and acceptance.
    On acceptance of forestry administrative departments shall control certificate; for unqualified acceptance, units and individuals should continue to engage in profit-making sand treatment.
    Forests, trees and forest land to qualified, engaged in for-profit control of units and individuals shall take the control certificate, apply for registration of forests, trees and forest land ownership according to law.
    Article 19th of profit-control units and individuals stipulated in sand prevention and control law, enjoying financial aid, financial subsidies and preferential policies such as tax breaks.
    20th Department of forestry administration in accordance with article anti-desertification law provisions of 41st, to engage in profit-making activities to combat desertification does not govern in accordance with the governance programme, or with the Department of forestry administration unqualified acceptance and does not continue to govern according to the requirements of units and individuals, will be punished according to law.
    Article 21st Department of forestry administration staff in the management of abuse, negligence, malpractice, shall be given administrative sanctions, to constitute a crime, criminal responsibility shall be investigated according to law.
    22nd article 26th according to anti-desertification law provides that other specified by the local people's Governments at or above the county level administrative departments responsible for profit-making activities to combat desertification to accept the application and acceptance, can refer to the provisions of these measures.
    23rd control application and profit control acceptance form format prescribed by the State Forestry Administration, Governments of provinces, autonomous regions and municipalities published by the Administrative Department of forestry.
                                                                          24th article this way come into force on September 1, 2004.