Administrative measures on forest resource circulation in Henan province
(December 31, 2009 58th Executive meeting consideration of the people's Government of Henan province on January 14, 2010 130th promulgated by the people's Government of Henan province as of March 1, 2010) Chapter I General provisions
First acts to regulate the circulation of forest resources, security transfer the legitimate rights and interests of the parties, promoting sustainable forestry, under the People's Republic of China forest and the People's Republic of China rural land contract law, Henan provincial implementation of People's Republic of China measures the forestry law and other relevant laws and regulations, combined with the facts of the province, these measures are formulated.
Article circulation of forest resources activities within the administrative area of the province to apply this approach.
This article referred to the circulation of forest resources, is not altering the use of forest land, forest, forest ownership and use rights of forest lands by one party transfers to another party in accordance with law.
The circulation of forest resources do not include water resources within a forest, mineral, treasure troves, wildlife, national key protected wild plants.
Fourth the circulation of forest resources should follow the legal, voluntary, paid and the principles of openness, fairness and justice, and forest land to non-forest land may not be and must not harm national, collective and public interest.
Article fifth circulation of forest resources may be transferred in accordance with law, leasing, Contracting, subcontract, priced shares or any other form permitted by laws and regulations. Encourage various social subjects to participate in the circulation of forest resources.
Trees in the forest, lawfully obtained ownership and right to use forest lands are protected by law.
Circulation of forest resources proceeds all right people, no organization or individual may seize, retain, and use.
Sixth forestry administrative departments of the people's Governments above the county level shall be responsible for the transfer of the management of forest resources in the administrative areas.
The Township people's Governments and rural collective economic organizations shall cooperate with the competent administrative departments of forestry related to the circulation of forest resources coordination and management.
Chapter II scope of circulation with the term
Article seventh the following circulation of forest resources according to law:
(A) the timber, forest, forest ownership;
(B) the timber stands, economic forest, forest use rights of forest lands;
(C) the ecological public-welfare forest compensation beyond the scope of the shrub, sparse woodland, deforested and burned land into forest land, nursery and the people's Governments above the county-level planning of access to forests.
Eighth under any of the following circumstances, forest resources must not transfer:
(A) failing to book a forest of e;
(B) ownership of uncertain or disputed;
(C) the woodlands have been incorporated into the scope of the proposed expropriation and requisition of nation-building;
(D) laws and regulations prohibit the circulation.
Nineth of State-owned forest resources and the transfer of collective forest resources, circulation periods of not more than 70 years.
Household contract management of forest resource circulation period not exceeding the remainder of the contract period.
Forest resource circulation again, shall not exceed the last remaining period stipulated in the contract.
Chapter III transfer procedures and management Article tenth of State-owned forest resource circulation should be assessed first, take the form of auctions, tenders.
Does not have the conditions of auctions, tenders, competitive negotiations, consultations and other means can be taken to.
Circulation of the State-owned forest resources in the form of transfers, pricing shares, subject to provincial forestry administrative departments for examination and approval submitted to the provincial people's Government.
Revenue management of State-owned forest resource circulation, must comply with the relevant provisions and accept supervision of the financial sector. 11th transfer of collective forest resources flow and its flow form, base prices and other content, villagers 2/3 as members of the collective economic organizations should be more members or 2/3 over the villagers ' representatives agreed, and publicity in the collective economic organization for more than 7 days.
Transfer of collective forest resources to the collective economic organizations outside the citizens, legal person or other organization, shall be submitted to the Township people's Government.
12th members of the rural collective economic organizations through the family contracting trees made by ownership, usufruct, Exchange or transfer of the transfer form, shall be subject to the employer's consent; other forms of circulation, shall be submitted to the employer record circulation again, also requires the consent of the original contractor agreed.
Article 13th joint operation or ownership of a total circulation of forest resources, must be legally obtained ownership of affiliated party or total consent.
14th following the circulation of forest resources, forest resources the right holder to decide:
(A) of cropland and forest ownership and use rights of forest lands;
(B) private plots and houses owned by individuals scattered trees;
(C) the provisions of laws and regulations will be free to transfer of the other trees. 15th the circulation of forest resources shall sign a written contract.
Forest resources transfer contract shall include the following:
(A) circulation of both name and address;
(B) the transfer of forests, trees and forest land location, area, four to, forest species, such as species, age, volume or number, and topographic maps;
(C) the flow application, flow duration and start and end time;
(D) forest harvesting and reforestation obligations;
(V) transfer price, method of payment and payment schedule;
(F) resource management responsibility, risk-taking;
(G) forest resources assets upon expiry of the contract and approaches;
(VIII) liability for breach;
(IX) dispute resolution methods.
16th forest resources after the contract is signed, it should be reported to the local forestry administration departments and in accordance with the law of forest change.
Forestry administrative departments of the people's Governments above the county level should do a contract filing work of forest resources and forestry property registration in accordance with the relevant provisions.
17th after the circulation of forest resources need to cut trees, they shall apply for the tree cutting license, and afforestation tasks according to the stipulated time limit to complete the update.
18th woodland in circulation during the construction of requisition, requisition from country to country, forest, tree and attachment attribution of compensation agreed by the contract, their agreement shall prevail; not stipulated in the contract, handled by both parties.
Compensation, resettlement of forest land forest land owners.
19th and above the county level forestry administrative departments and town people's Governments may establish the circulation of forest resources information database, issue timely circulation of forest resources information and guidance services for circulation of forest resources activities.
Fourth chapter turnover assets assessment
Article 20th circulation of State-owned forest resources asset evaluation should be carried out.
Transfer of collective forest resources, village meetings of the members of the collective economic organizations more than 1/3 members or villagers ' representatives called for an assessment of more than 1/3, asset assessment should be conducted.
Other forest resource circulation, flow the parties can decide whether you want to assess.
21st the circulation of forest resources asset evaluation agencies shall, in accordance with national and provincial technical procedures and approaches to assessment of forest resource assets evaluation, evaluation report issued, is responsible for the authenticity and validity of the evaluation report.
22nd the circulation of forest resources asset evaluation of specific measures, in accordance with the provisional regulations on management of forest resource assets evaluation (financial enterprises 529).
Before the 23rd in State-owned forest resources asset evaluation, subject to the qualification of grade c or above physical verification of forest resources in forestry investigation and design units, and by the competent authorities of the State-owned forest management units found on verification results.
Article 24th since forest resource asset appraisal report valuation date, valid for one year, for more than a year should be reassessed.
The fifth chapter legal liability
25th article violates these rules of circulation of forest resources, and the transfer is invalid, ownership of forestry administrative departments of the people's Governments above the county level shall not handle registration of change has provided registration, cancellation of registration according to law by the issuing authority.
26th forest resource assets evaluation agencies and their staff fraud, deception, and the result is not valid; losses caused shall bear liability constitutes a crime, criminal responsibility shall be investigated according to law.
27th Department of forestry administration staff and other staff working in the circulation of forest resources management Department negligence, malpractice or other wrongdoing, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
The sixth chapter supplementary articles 28th article of the rules take effect on March 1, 2010.