Guizhou Province, Guizhou Provincial People's Government On The Revision Of The Decisions Of The Management Of Compensation For Forest Land Requisition And Occupation

Original Language Title: 贵州省人民政府关于修订《贵州省征占用林地补偿费用管理办法》的决定

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(20th of June 30, 2004, Guizhou Provincial Executive Meeting July 1, 2004, Guizhou Provincial people's Government announced as of August 1, 2004, 78th) Guizhou Provincial people's Government for decision on the Guizhou provincial regulation on compensation for forest land requisition and occupation be amended as follows: first, the second paragraph is amended as: "the exploration and mining of minerals and various construction projects shall not be accounted for or less forest land. Absolutely necessary to sign, and occupation of forest land, it shall be for the forest land use procedures ".
    By deleting the original article, third paragraph. Second, adjust the former fifth paragraph to the fourth article, and be amended as: "woodland forest compensation paid in compensation fees, are taxed, and occupation of forest land ownership or the right of people". Fourth article adjusted for the fourth article, and be amended as: "the temporary occupation of forest land shall pay a fee for forest restoration and damage to the trees, should be a temporary occupation of forest land ownership or right to pay compensation fee of forest".
    Adjust the fourth paragraph to paragraph Fourth, and be amended as: "in accordance with the provisions of standard construction of rural houses, homestead of the lawful use of collective forest land, forest restoration fee collection standards in accordance with the relevant provisions of the State." Third, the fifth paragraph is amended as: "sign, and occupation of forest land, forest vegetation restoration cost by the provincial forestry authorities are responsible for the taking". Increased second paragraph: "temporary occupied shelterbelt and special uses woodland, temporary occupied other woodland area 10 hectares above of, forest vegetation recovery fee by Province Government forestry competent sector is responsible for received in advance; temporary occupied except shelterbelt and special uses woodland yiwai of other woodland area 2 hectares above 10 hectares following of, forest vegetation recovery fee by city (State) Government, and area area forestry competent sector is responsible for received in advance; temporary occupied except shelterbelt and special uses forest yiwai of other woodland area 2 hectares following of,
    Forest vegetation restoration cost by the people's Governments at the county level forestry departments in charge in advance ". Four, the sixth amended as: "recovery fee collection standards in accordance with the recovery of forest vegetation in expropriated or occupying forest land area of forest vegetation needs, planning and design, cultivation, afforestation costs approved.
    Specific levy standard following: (a) timber woodland, and forest woodland, and forest woodland, and bamboo to, and nursery to, each square meters charged 6 Yuan; (ii) not into forest made woodland, each square meters charged 4 Yuan; (three) shelterbelt and special uses forest woodland, each square meters charged 8 Yuan; national focus shelterbelt and special uses woodland, each square meters charged 10 Yuan; (four) sparse woodland, and shrubs woodland, each square meters charged 3 Yuan; (five) should be woodland, and logging track to, and fire track to, each square meters charged 2 Yuan.
    Various types of forest land designated a national forest, shall be charged in accordance with the criteria set out in national forest; designated a local forest shall be charged in accordance with the criteria set out in forest ".
    Five, the tenth is revised as follows: "sign, occupation of cities and urban settlements in woodland, forest vegetation recovery fees charged according to the prescribed standards twice; forest land compensation and the compensation should be higher than the article seventh and eighth criteria provided for in article, specific measures with that standard multiplied by 2 to 10 times". Six, the 12th article is revised as follows: "forest vegetation restoration cost belonging to Government funds, included in the financial management of Fund budget, introduction of earmarking, for use in reforestation and restoration of forest vegetation in the forest departments, annual balance carried forward to the next year. Specific measures shall be formulated separately by the Department of finance, forestry ".
    "Forest vegetation restoration cost using provincial financial departments in charge of printed Government funds bills."
    Seven, and will 13th article modified for: "Province Government forestry competent sector charged of forest vegetation recovery fee, according to province, and to (State, and city), and County (city, and district) forestry administrative competent sector II, and two or six proportion distribution, through province financial special transfer paid returned was occupied or expropriation woodland location of to (State, and city), and County (city, and district) financial sector".
    Eight, the deletion of the original article 14th, 15th.
    Nine, and will original 16th article adjustment for 14th article, and modified for: "forestry competent sector and other State staff abuse, and ultra vires audit approval, and more received, and reduced, and from received, and sustained received, or hide, and interception, and misappropriated, and sat received sat support forest vegetation recovery fee and negligence, and engages in, is not constitute crime of, on directly is responsible for of competent personnel and other directly responsibility people law give administrative sanctions".
    Ten, the deletion of the original article 17th.
    In addition, the corresponding modification of the part of the text of the articles, and the order of the articles have been adjusted accordingly. This decision shall take effect on August 1, 2004.

    The Guizhou provincial regulation on compensation for forest land requisition and occupation according to amend this decision to be republished.
    Appendix: administrative measures on compensation for forest land requisition and occupation of Guizhou province (amended 2004) first in order to strengthen the management of forest land, protecting forest resources, maintenance of woodlands, the legitimate rights and interests of forest owners and operators, conducive to the rational use and development of the construction of forest resources, in accordance with the People's Republic of China forestry law and other relevant laws and regulations, combined with the province, these measures are formulated. Article exploring and mining minerals and various construction projects shall not be accounted for or less forest land.
    Absolutely necessary to sign, and occupation of forest land, it shall be for the forest land use procedures.
    Article, occupation of forest land compensation fees for projects including restoration of forest vegetation, forest land compensation and resettlement fees, compensation fee of forest.
    Article fourth sign, occupation of forest land units and individuals shall pay a fee for forest restoration, pay compensation and resettlement costs, Woods compensated costs of forest land.
    Woodland forest compensation paid in compensation fees, are taxed, and occupation of forest land ownership or the right of people.
    Temporary occupation of forest land shall pay a fee for forest restoration and damage to the trees, should be a temporary occupation of forest land ownership or the right to pay compensation for forest charge.
    In accordance with the provisions of standard construction of rural houses, homestead of the lawful use of collective forest land, forest restoration fee levied in accordance with the relevant provisions of the State.
    Article fifth sign, occupation of forest land, forest vegetation restoration cost by the provincial forestry departments in charge in advance. Temporary occupied shelterbelt and special uses woodland, temporary occupied other woodland area 10 hectares above of, forest vegetation recovery fee by Province Government forestry competent sector is responsible for received in advance; temporary occupied except shelterbelt and special uses woodland yiwai of other woodland area 2 hectares above 10 hectares following of, forest vegetation recovery fee by city (State) Government, and area area forestry competent sector is responsible for received in advance; temporary occupied except shelterbelt and special uses forest yiwai of other woodland area 2 hectares following of,
    Forest vegetation restoration cost by the people's Governments at the county level forestry departments in charge in advance. Sixth forest restoration fee collection standards in accordance with recovery not less than was expropriated or occupying forest land area of forest vegetation needs, planning and design, cultivation, afforestation costs approved.
    Specific levy standard following: (a) timber woodland, and forest woodland, and forest woodland, and bamboo to, and nursery to, each square meters charged 6 Yuan; (ii) not into forest made woodland, each square meters charged 4 Yuan; (three) shelterbelt and special uses forest woodland, each square meters charged 8 Yuan; national focus shelterbelt and special uses forest woodland, each square meters charged 10 Yuan; (four) sparse woodland, and shrubs woodland, each square meters charged 3 Yuan; (five) should be woodland, and logging track to, and fire track to, each square meters charged 2 Yuan.
    Various types of forest land designated a national forest, shall be charged in accordance with the criteria set out in national forest; designated a local forest shall be charged in accordance with the criteria set out in forest.
    Seventh article woodland compensation fee standard: (a) levy, and occupied nursery to, and orchard and the other economic woodland of for dryland annual output value of 6 – 8 times times; (ii) levy, and occupied trees woodland, and bamboo to, and sparse woodland, and shrubs woodland, and logging track to, and fire track to of for dryland annual output value of 2 – 5 times times; (three) levy, and occupied should be woodland of for dryland annual output value of 1 time times.
    Annual output value of land, land administrative departments of people's Governments at the county level shall, jointly with relevant departments under the sign () for the first 3 years the average annual output value of cultivated land and its categories of main and by-product of annual yield of crops, according to national acquisition price and market comprehensive preparation, approval of the people's Governments at the same level. Eighth article forest compensation fee standard: (a) timber: 1. young forest (including not into woodland seedlings) for Shang a annual units area engineering afforestation by needed costs and the tending, and management all investment of twice times; 2. in the age forest, near cooked forest for was levy, and occupied woodland Shang wood output of 1 time times; mature forest for was levy, and occupied woodland Shang wood output of 0.5 times times.
    Local wood production value according to the annual average sales price multiplied by the forest stock volume of similar wood.
    (B) special-use forests, shelter for the purposes of subsection (a) in the 2nd middle age, near-mature forest compensation standard twice times.
    (C) forest: 1. forest of no receipts for the actual planting, tending and maintenance of all investment twice times 2. return early and decline of economic forest for the local bloom on a yearly output value of Nontimber forest crops in the same income twice times; 3. high earnings on the forest for an annual output value of 4 times.
    (D) forest, shrub for the purposes of subsection (a) 1th Mu young's total investment.
    (E) nursery seedlings for the native species in the same annual market total value average sales price multiplied by the number of individual plant twice. (F) the bamboo forest (including bamboo forest) was drafted, and occupation of forest land on bamboo (bamboo) forest output twice.
    Bamboo on the output value of the local annual average sales price multiplied by the total number of individual plant; bamboo shoots on the output value of the local annual average yield multiplied by the sales price.
    (G) the scattered trees for the local prior year actual sales price.
    (VIII) other attachment, compensation in accordance with relevant laws and regulations. Nineth resettlement in accordance with the People's Republic of China land administration law and the provisions of relevant laws and regulations.

    Tenth sign, occupation of cities and urban settlements in woodland, forest vegetation recovery fees charged according to the prescribed standards twice; forest land compensation and the compensation should be higher than the article seventh and eighth criteria provided for in article, and the specific measures with that standard multiplied by 2 to 10 times. 11th was drafted, and occupation of forest land needed to cut trees, shall handle the tree cutting license, certificate logging.
    Felling of the forest is forest land requisition and occupation of the forest owner. 12th forest vegetation restoration cost belonging to Government funds, included in the financial management of Fund budget, introduction of earmarking, for use in reforestation and restoration of forest vegetation in the forest departments, year-end balances go next year.
    Specific measures shall be formulated separately by the Department of finance, forestry.
    Forest vegetation restoration cost using provincial financial departments in charge of printed Government Fund.
    13th provincial forest vegetation recovery fee charged by the forestry authorities, in accordance with provincial and local (State and municipal), County (city, district) forestry authorities, two or six percentage distribution, by province, fiscal transfer payment to return occupied or seat of the forestland (regional, municipal), County (city, district) the financial sector.
    14th forestry authorities and functionaries of abuse of power, ultra vires audit approval, accept, reduce, waive, slow delivery, or concealing the interception, misappropriation, stood to collect forest vegetation restoration cost as well as negligence, malpractice, and does not constitute a crime, the managers directly responsible and other persons directly responsible shall be given administrative sanctions.
                                                                                                                            15th these measures come into force on April 1, 2000.

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