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Administrative Measures On Forest Resource Circulation In Henan Province

Original Language Title: 河南省森林资源流转管理办法

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Forest resource flow management in Southern Province

(Adopted by Decree No. 130 of 14 January 2010 of the People's Government of the Southern Province (Act No. 130 of 31 December 2009)

Chapter I General

Article 1 provides for the regulation of forest resource flows, guarantees the legitimate rights and interests of the parties in circulation, and promotes sustainable forest development, in accordance with relevant laws, regulations, such as the People's Republic of China Forest Law, the People's Republic of China Rural Land Contracting Act, the River Southern Province Implementation of the People's Republic of China Forest Law.

This approach applies to forest resource flows within the territorial administration.

Article III refers to the diversion of forest resources as described in this approach to the transfer of titles of forests, forests and forested land rights to the other party in accordance with the law.

The flow of forest resources does not include water resources, mines, storage, wildlife and wildlife protected by national focus.

Article IV. The transfer of forest resources should be guided by the principles of legality, voluntary, reimbursable and open, fair, fair and fair, and must not be changed to non-forested land without prejudice to national, collective and social public interests.

Article 5

Various social actors are encouraged to participate in forest resource flows by law. The rights to forest, forest wood ownership and the use of forest land are protected by law.

The proceeds of forest resource flows are owned by the owner and no organization or individual shall be intrusive, interdiction and misappropriation.

Article 6

The commune governments and the rural collective economic organizations should cooperate with the relevant coordination, management of forest resource flows by forestry administrative authorities.

Introduction

Article 7. The following forest resources may be transferred by law:

(i) The ownership of engineering, economic forests and pay forests;

(ii) The right to use forested, economic forests and pay forests;

(iii) The right to use forested lands other than the scope of ecological good forest compensation, desertlands, logging sites, fires, unforested land, nursery sites and land-use-plannings planned by the people's governments.

Article 8 states that forest resources shall not be diverted:

(i) No certificate of forest rights is obtained by law;

(ii) The right is uncertain or controversial;

(iii) The forest area has been incorporated into national development plans for collection and use;

(iv) Law, legislation prohibiting diversion.

Article 9. National forest resources and collective forest resources have been diverted for a period not exceeding 70 years.

The relocation period of forest resources contracted by households shall not exceed the remaining period of the contractor.

Forest resources are redirected once again, not to exceed the remainder of the previous swing contract agreement.

Chapter III

Article 10. The flow of State forest resources should be assessed firstly and in the form of auctions and tenders. There are no auctions, tendering conditions and competitive negotiations, including consultation.

National forest resources are transferred in the form of a transfer, a price-entry unit, subject to approval by the Government of the Provincial People's Government's Forestry Administration for approval.

The management of the use of national forest resource flows, which must be subject to the relevant provisions and are monitored by the financial sector.

Article 11. The transfer of collective forest resources and its circulation form, the flow base price should be agreed upon by members of the villagers' conference of members of this collective economic organization over 2/3 or by the representatives of the more than 2/3 villagers, and over 7 days within this collective economic organization. Collective forest resource flows are transferred to citizens, legal persons or other organizations other than this collective economic organization, and shall also be submitted to the Government of the commune.

Article 12

Article 13 Jointly operated or transferred forest resources of a shared nature must be legally agreed upon by either side or by the owner.

The following Article 14.

(i) The right to forest ownership and the right to use forest land in land remaining mountains;

(ii) All sporadic trees for individuals who have left their homes and houses;

(iii) Laws, regulations stipulate that other forest woods that can be transferred from mainstream.

Article 15. Transfer of forest resources should be concluded in writing. The forest resource flow contract should include the following:

(i) The name or name of the parties, residence;

(ii) Removal forests, forest wood, forest land location, area, four to, forest species, tree species, forest age, crediting or number, and are attached to terrain maps;

(iii) Removal uses, time frames and ends;

(iv) Forest log harvesting and updating of afforestation responsibility;

(v) Location, payment modalities and payment time;

(vi) Responsible and risk-taking;

(vii) The quantity and treatment of forest resources at the time of completion of the contract;

(viii) Liability for default;

(ix) Modalities for resolving disputes.

Article 16, following the signing of the forest resource flow contract, the local forestry administrative authorities should be reported and the forest rights changes registered in accordance with the law.

The forest administration authorities of the above-mentioned people at the district level should be ready to work on the transfer of forest resources and to register forest rights in accordance with the relevant provisions.

Article 17 requires the harvesting of forest wood after the transfer of forest resources, which shall apply in accordance with the law for the processing of forest harvesting permits and for the completion of the renewal of the afforestation mandate in accordance with the specified time frame.

During the flow transfer period, forested land was agreed upon in terms of the need for national construction, the forest, the forest wood and the accompanying material compensation contract, which was not agreed by the parties.

Reimbursement for forestland, reinsertion benefits are classified as forest landowners.

More than Article 19, the forest administration authorities and the commune governments can establish a forest resource flow information base that will provide timely information on the flow of forest resources and provide guidance services for forest resource flows.

Chapter IV

The transfer of State forest resources should be carried out with an asset assessment.

Collective forest resource flows, more than one third of the villagers' conference of members of this collective economic organization or more than one third of the villagers' representatives request an assessment of assets.

Other forest resource flows are transferred and both parties can choose their own assessments according to their needs.

Article 21, the forest resource flow assessment body shall assess the authenticity and legitimacy of the assessment report, in accordance with the technical protocols and approaches of the State and the province relating to the assessment of forest resource assets.

Article 22 Specific approaches to the assessment of forest resource flows are implemented in accordance with the provisional provisions for the management of forest assets assessment (financial [2006]529).

Prior to the asset assessment of State forest resources, Article 23 requires the verification of the forest resource in kind by the forestry survey design unit with more than three qualifications, and the verification results are determined by the authorities of the national forestry operation.

Article 24 of the Forest Resources Asset Assessment Report has been effective for one year and more than one year should be re-evaluated.

Chapter V Legal responsibility

Article 25, in violation of this approach, provides for the transfer of forest resources, which is ineffective and that the forest administration authorities at the district level are not subject to the registration of a change of authority; the licensee has been registered and the licensee is registered under the law.

Article 26 Forest Resources Asset Assessment Body and its staff have misguided and favoured private fraud, the results of which are null and void, resulting in losses, which are legally responsible for liability; and constituted criminal liability by law.

Article 27, Staff of the Forestry Administration and other management staff play a role in the diversion of forest resources, in private fraud or in other offences, and in accordance with the law, in which they constitute a crime, and in accordance with the law.

Annex VI

The twenty-eighth approach was implemented effective 1 March 2010.