中华人民共和国森林法

第一章　总则

　　Article 1 This Law is formulated for the purpose of protecting, cultivating and rationally utilizing forest resources, speeding up the greening of national territory, bringing into play the role of forests in water and soil conservation, regulating climate, improving environment and providing forest products, and meeting the needs of socialist construction and people's livelihood。

　　Article 2 The cultivation, planting, cutting and utilization of forests and trees and the operation and management of forests, trees and woodlands within the territory of the People's Republic of China must abide by this Law。

　　第三条　森林资源属于国家所有，由法律规定属于集体所有的除外。

　　The local people's governments at or above the county level shall register and put on record the forests, trees and woodlands owned by the state or collectively and the trees and woodlands owned by individuals and the woodlands used, and issue certificates to confirm the ownership or use right。The State Council may authorize the competent forestry department under The State Council to register and put on record the forests, trees and woodlands in the key forest areas designated by The State Council as belonging to the State, issue certificates and notify the relevant local people's governments。

　　The lawful rights and interests of the owners and users of forests, trees and woodlands shall be protected by law and may not be infringed upon by any unit or individual。

　　第四条　森林分为以下五类：

　　(1) Shelterbelts: forests, trees and shrubs mainly for protection, including water source conservation forests, water and soil conservation forests, windbreak and sand fixation forests, farmland and pasture shelterbelts, bank protection forests and road protection forests;

　　(2) Timber forests: forests and trees mainly aimed at the production of timber, including bamboo forests mainly aimed at the production of bamboo;

　　(3) Economic forests: trees mainly used for the production of fruits, edible oils, beverages, seasonings, industrial raw materials and medicinal materials;

　　（四）薪炭林：以生产燃料为主要目的的林木；

　　(5) Forests for special use: forests and trees for the main purpose of national defense, environmental protection, scientific experiments, etc., including national defense forests, experimental forests, mother forests, environmental protection forests, scenic forests, trees of scenic spots and historic sites and revolutionary memorial sites, and forests in nature reserves。

　　Article 5 The principles of general forest protection, vigorous afforestation, combination of harvesting and breeding, and sustainable utilization shall be implemented in forestry construction。

　　Article 6 The State encourages scientific research in forestry, popularizes advanced forestry technology and raises the level of forestry science and technology。

　　Article 7 The State protects the lawful rights and interests of foresters, reduces the burden of foresters according to law, prohibits illegal fees and fines from foresters, and prohibits assessments and compulsory fund-raising from foresters。

　　The State protects the lawful rights and interests of collectives and individuals contracted for afforestation. No unit or individual may infringe upon the ownership of trees and other lawful rights and interests lawfully enjoyed by collectives and individuals contracted for afforestation。

　　第八条　国家对森林资源实行以下保护性措施：

　　(1) Implement a quota on forest cutting, encourage afforestation, close mountains for afforestation, and expand the area covered by forests;

　　(2) To provide economic support or long-term loans for collective and individual afforestation and forest cultivation in accordance with the relevant provisions of the State and local people's governments;

　　（三）提倡木材综合利用和节约使用木材，鼓励开发、利用木材代用品；

　　（四）征收育林费，专门用于造林育林；

　　(5) Coal, paper and other departments shall, according to the output of coal, wood pulp and paper and other products, draw a certain amount of funds for the construction of timber forests for pit wood and paper making;

　　（六）建立林业基金制度。

　　The State shall establish a compensation fund for forest ecological benefits for the construction, tending, protection and management of forest resources and trees of shelterbelts and forests for special use that provide ecological benefits。森林生态效益补偿基金必须专款专用，不得挪作他用。具体办法由国务院规定。

　　Article 9 The State and the people's governments of provinces and autonomous regions shall, in accordance with the provisions of the State on the right of autonomy of the national autonomous areas to forestry production and construction, grant more autonomy and economic benefits than ordinary areas in forest development, timber distribution and the use of forestry funds。

　　第十条　国务院林业主管部门主管全国林业工作。县级以上地方人民政府林业主管部门，主管本地区的林业工作。乡级人民政府设专职或者兼职人员负责林业工作。

　　第十一条　植树造林、保护森林，是公民应尽的义务。各级人民政府应当组织全民义务植树，开展植树造林活动。

　　Article 12 Units or individuals that have made outstanding achievements in afforestation, forest protection, forest management and forestry scientific research shall be rewarded by the people's governments at various levels。

第二章　森林经营管理

　　Article 13 The competent forestry authorities at all levels shall, in accordance with the provisions of this Law, administer and supervise the protection, utilization and renewal of forest resources。

　　Article 14 The competent forestry departments at all levels shall be responsible for organizing the inventory of forest resources, establishing a resource file system, and mastering the changes of resources。

　　Article 15 The right to the use of the following forests, trees and woodlands may be transferred according to law, and may also be made into shares at a price according to law or as a condition of investment or cooperation for joint venture or cooperative afforestation or forest management, provided that the woodlands shall not be changed into non-woodlands:

　　（一）用材林、经济林、薪炭林；

　　（二）用材林、经济林、薪炭林的林地使用权；

　　（三）用材林、经济林、薪炭林的采伐迹地、火烧迹地的林地使用权；

　　（四）国务院规定的其他森林、林木和其他林地使用权。

　　Where, in accordance with the provisions of the preceding paragraph, the forest cutting license has been transferred, or is used as an investment or as a condition for cooperation in joint venture, cooperative afforestation or forest tree management, the forest cutting license may be transferred at the same time, and both parties to the transfer must abide by the provisions of this Law on forest cutting and forest tree reforestation。

　　Except for the circumstances provided for in paragraph 1 of this Article, the right to use other forests, trees and other forest land shall not be transferred。

　　具体办法由国务院规定。

　　第十六条　各级人民政府应当制定林业长远规划。State-owned forestry enterprises, institutions and nature reserves shall, in accordance with the long-term forestry planning, work out forest management plans and submit them to the competent authorities at higher levels for approval before implementation。

　　The competent forestry departments shall guide the rural collective economic organizations and state-owned farms, ranches, industrial and mining enterprises and other units in the preparation of forest management plans。

　　Article 17 Disputes over the ownership and use right of trees and woodlands between units shall be handled by the people's governments at or above the county level according to law。

　　Disputes arising between individuals or between individuals and units over the ownership of forest trees and the right to use forest land shall be handled by the local people's governments at the county or township levels according to law。

　　If the party concerned refuses to accept the decision of the people's government, it may bring a suit in a people's court within one month from the date of receipt of the notification。

　　在林木、林地权属争议解决以前，任何一方不得砍伐有争议的林木。

　　第十八条　进行勘查、开采矿藏和各项建设工程，应当不占或者少占林地；必须占用或者征用林地的，经县级以上人民政府林业主管部门审核同意后，依照有关土地管理的法律、行政法规办理建设用地审批手续，并由用地单位依照国务院有关规定缴纳森林植被恢复费。The forest vegetation restoration fee shall be used exclusively by the competent forestry authorities in accordance with relevant regulations to arrange afforestation uniformly and restore forest vegetation, and the afforestation area shall not be less than the forest vegetation area reduced due to the occupation or requisition of forest land。The competent forestry departments at higher levels shall regularly urge and inspect the competent forestry departments at lower levels to organize afforestation and restore forest vegetation。

　　任何单位和个人不得挪用森林植被恢复费。县级以上人民政府审计机关应当加强对森林植被恢复费使用情况的监督。

第三章　森林保护

　　第十九条　地方各级人民政府应当组织有关部门建立护林组织，负责护林工作；根据实际需要在大面积林区增加护林设施，加强森林保护；督促有林的和林区的基层单位，订立护林公约，组织群众护林，划定护林责任区，配备专职或者兼职护林员。

　　护林员可以由县级或者乡级人民政府委任。护林员的主要职责是：巡护森林，制止破坏森林资源的行为。对造成森林资源破坏的，护林员有权要求当地有关部门处理。

　　第二十条　依照国家有关规定在林区设立的森林公安机关，负责维护辖区社会治安秩序，保护辖区内的森林资源，并可以依照本法规定，在国务院林业主管部门授权的范围内，To exercise the power of administrative punishment provided for in Articles 39, 42, 43 and 44 of this Law。

　　武装森林警察部队执行国家赋予的预防和扑救森林火灾的任务。

　　Article 21 Local people's governments at all levels shall earnestly do a good job in the prevention and fighting of forest fires:

　　(1) To stipulate the period of forest fire prevention, and prohibit the use of fire in the forest field during the period of forest fire prevention;Where the use of fire is necessary due to special circumstances, approval must be obtained from the people's government at the county level or an organ authorized by the people's government at the county level.

　　（二）在林区设置防火设施；

　　（三）发生森林火灾，必须立即组织当地军民和有关部门扑救；

　　（四）因扑救森林火灾负伤、致残、牺牲的，State workers shall be given medical treatment and pensions by the units they work for;The non-State workers shall be given medical treatment and pensions by the unit that started the fire in accordance with the provisions of the relevant competent department of The State Council，起火单位对起火没有责任或者确实无力负担的，由当地人民政府给予医疗、抚恤。

　　第二十二条　各级林业主管部门负责组织森林病虫害防治工作。

　　The competent forestry authorities shall be responsible for stipulating the quarantine objects of forest tree seeds and seedlings, delimiting epidemic areas and protection areas, and conducting quarantine of forest tree seeds and seedlings。

　　第二十三条　禁止毁林开垦和毁林采石、采砂、采土以及其他毁林行为。

　　禁止在幼林地和特种用途林内砍柴、放牧。

　　Persons entering forests and forest fringe areas shall not, without authorization, move or damage forestry service signs。

　　第二十四条　国务院林业主管部门和省、自治区、直辖市人民政府，It shall be in typical forest ecological areas in different natural zones, forest areas where precious animals and plants grow and reproduce, natural tropical rain forests and other natural forest areas with special protection value，划定自然保护区，加强保护管理。

　　Measures for the administration of nature reserves shall be formulated by the competent forestry department under The State Council and submitted to The State Council for approval。

　　Precious trees outside nature reserves and plant resources of special value in forest areas shall be carefully protected;Without the approval of the competent forestry departments of provinces, autonomous regions and municipalities directly under the Central Government, no logging or collection shall be allowed。

　　Article 25 The hunting of wild animals under State protection in forest areas shall be prohibited;Where there is a special need for hunting, it shall be handled in accordance with the relevant laws and regulations of the State。

第四章　植树造林

　　Article 26 People's governments at all levels shall formulate afforestation plans and, according to local conditions, determine the goals for improving the forest coverage rate in their respective areas。

　　各级人民政府应当组织各行各业和城乡居民完成植树造林规划确定的任务。

　　The competent forestry departments and other competent departments shall organize afforestation of the barren mountains and unreclaimed land in Yilin that are owned by the State;If it is owned by a collective, the collective economic organization shall organize afforestation。

　　On both sides of railways and highways, on both sides of rivers and around lakes and reservoirs, the competent units concerned shall organize afforestation according to local conditions;Industrial and mining areas, land used by government offices and schools, military barracks and areas operated by farms, pastures and fishing grounds shall be responsible for afforestation by such units。

　　国家所有和集体所有的宜林荒山荒地可以由集体或者个人承包造林。

　　Article 27 The trees cultivated by state-owned enterprises, institutions, government organs, organizations and troops shall be managed by the producing units and the profits from the trees shall be controlled in accordance with the provisions of the State。

　　集体所有制单位营造的林木，归该单位所有。

　　农村居民在房前屋后、自留地、自留山种植的林木，归个人所有。城镇居民和职工在自有房屋的庭院内种植的林木，归个人所有。

　　Where a collective or individual contracts for afforestation on a state or collectively-owned barren mountain or land suitable for forest use, the trees planted after the contract shall be owned by the collective or individual under contract;If the contract provides otherwise, the provisions of the contract shall be followed。

　　Article 28 The local people's governments shall organize the closure of mountains for afforestation and other places where newly created young woodland and forests must be closed for afforestation。

第五章　森林采伐

　　Article 29 The State shall strictly control the annual amount of forest cutting in accordance with the principle that the consumption of timber stands is lower than the amount of growth。For state-owned forestry enterprises and institutions, farms, factories and mines, collectively owned forests and trees and individually owned trees, counties are the units. Annual cutting quotas shall be formulated, which shall be collected by the competent forestry departments of provinces, autonomous regions and municipalities directly under the Central government and submitted to The State Council for approval after examination and verification by the people's governments at the same level。

　　第三十条　国家制定统一的年度木材生产计划。年度木材生产计划不得超过批准的年采伐限额。计划管理的范围由国务院规定。

　　第三十一条　采伐森林和林木必须遵守下列规定：

　　(1) Mature timber forests shall, according to different circumstances, adopt selective cutting, clear cutting and gradual cutting methods respectively, clear cutting shall be strictly controlled, and reforestation shall be completed in the same year or next year;

　　(2) In protection forests and forests for special use, national defense forests, mother forests, environmental protection forests and landscape forests are only allowed to be felled in the nature of tending and renewal;

　　(3) It is strictly prohibited to cut trees of scenic spots and historic sites, revolutionary memorial sites and forests of nature reserves in forests for special purposes。

　　Article 32 To cut trees, one must apply for a cutting license and cut trees in accordance with the provisions of the license.Rural residents shall be excluded from the cutting of private land and scattered trees owned by individuals in front of and behind their houses。

　　When state-owned forestry enterprises and institutions, government organs, organizations, troops, schools and other state-owned enterprises and institutions cut trees, the local competent forestry departments at or above the county level shall examine and issue cutting licenses in accordance with relevant provisions。

　　For the renewal cutting of railway and highway protection forests and urban trees, the relevant competent departments shall examine and issue cutting licenses in accordance with relevant provisions。

　　When rural collective economic organizations cut trees, the competent forestry departments at the county level shall examine and issue cutting licenses in accordance with relevant provisions。

　　For rural residents to cut down private hills or trees contracted by individuals to collectives, the competent forestry departments at the county level or the township or town people's governments entrusted by them shall examine and issue cutting licenses in accordance with relevant provisions。

　　采伐以生产竹材为主要目的的竹林，适用以上各款规定。

　　Article 33 The department that examines and issues the cutting license shall not issue the cutting license in excess of the approved annual cutting quota。

　　Article 34 When applying for cutting license, state-owned forestry enterprises and institutions must submit cutting area survey and design documents。When applying for a cutting license, other units must submit documents concerning the purpose, location, species, forest condition, area, stock, method and renewal measures of cutting。

　　For units whose logging operations do not conform to the regulations, the department that issued the cutting license has the right to take back the cutting license and suspend its cutting until it is corrected。

　　Article 35 Units or individuals cutting forest trees must complete the task of reforestation in accordance with the area, number of trees, species and time limit specified in the cutting license, and the area and number of trees reforestation shall not be less than the area and number of trees felled。

　　第三十六条　林区木材的经营和监督管理办法，由国务院另行规定。

　　Article 37 Transport certificates issued by the competent forestry authorities must be held to transport timber from forest areas, except for timber uniformly allocated by the State。

　　After obtaining the cutting license according to law, the competent forestry department shall issue a transportation certificate to the timber cut in accordance with the provisions of the license when it is transported out of the forest area。

　　With the approval of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, timber checkpoints may be set up in forest areas to inspect timber transport。The timber inspection station shall have the right to stop the transport of timber without obtaining transport documents or the transfer notice issued by the competent department of materials。

　　第三十八条　国家禁止、限制出口珍贵树木及其制品、衍生物。The list of precious trees and their products and derivatives whose export is prohibited or restricted and the annual total amount of export restricted shall be formulated by the competent forestry department under The State Council in conjunction with the relevant departments under The State Council and submitted to The State Council for approval。

　　The export of precious trees or their products and derivatives restricted by the provisions of the preceding paragraph must be examined by the competent forestry department of the people's government of the province, autonomous region or municipality directly under the Central Government where the exporter is located, and submitted to the competent forestry department under The State Council for approval, and the customs shall release the products on the basis of the approval document of the competent forestry department under The State Council。Where the trees or their products or derivatives are endangered species whose import and export are restricted by the international conventions to which China is a party, an application must be made to the State administrative agency for the import and export of endangered species for an import and export permit certificate, and the Customs shall release the trees on the basis of the permit certificate。

第六章　法律责任

　　Article 39 Those who illegally cut down forests or other trees shall compensate for the losses according to law;The competent forestry authorities shall order the replanting of trees tens of times the number of illegally felled trees, confiscate the illegally felled trees or sell the proceeds, and impose a fine of not less than three times but not more than ten times the value of the illegally felled trees。

　　In case of indiscriminate felling of forests or other trees, the competent forestry authorities shall order the replanting of trees five times the number of trees felled and impose a fine of not less than two times but not more than five times the value of the trees felled。

　　Refusing to replant trees or replanting does not conform to the relevant provisions of the State, the competent forestry departments on behalf of the replanting, the required expenses shall be paid by the lawbreakers。

　　盗伐、滥伐森林或者其他林木，构成犯罪的，依法追究刑事责任。

　　Article 40 Whoever, in violation of the provisions of this Law, illegally fells or destroys precious trees shall be investigated for criminal responsibility according to law。

　　第四十一条　违反本法规定，Issuing forest tree cutting license in excess of the approved annual cutting quota or issuing forest tree cutting license, timber transportation certificate, export approval document, import and export permit certificate in excess of its authority，由上一级人民政府林业主管部门责令纠正，The persons directly in charge and other persons directly responsible shall be given administrative sanctions according to law;The competent forestry department of the relevant people's government fails to make corrections，国务院林业主管部门可以直接处理；构成犯罪的，依法追究刑事责任。

　　第四十二条　违反本法规定，Buying and selling forest cutting licenses, timber transport certificates, export approval documents, import and export permission certificates，由林业主管部门没收违法买卖的证件、文件和违法所得，并处违法买卖证件、文件的价款一倍以上三倍以下的罚款；构成犯罪的，依法追究刑事责任。

　　Whoever forges forest cutting license, timber transportation certificate, export approval document, import and export permit certificate, shall be investigated for criminal responsibility according to law。

　　第四十三条　在林区非法收购明知是盗伐、滥伐的林木的，由林业主管部门责令停止违法行为，没收违法收购的盗伐、滥伐的林木或者变卖所得，可以并处违法收购林木的价款一倍以上三倍以下的罚款；构成犯罪的，依法追究刑事责任。

　　第四十四条　违反本法规定，进行开垦、采石、采砂、采土、采种、采脂和其他活动，致使森林、林木受到毁坏的，依法赔偿损失；由林业主管部门责令停止违法行为，补种毁坏株数一倍以上三倍以下的树木，可以处毁坏林木价值一倍以上五倍以下的罚款。

　　Those who, in violation of the provisions of this Law, cut firewood or graze animals in young forest lands or forests for special use, resulting in the destruction of forests or trees, shall compensate for the losses according to law;The competent forestry departments shall order them to stop the illegal acts and replant the trees that have been destroyed at least twice and not more than three times。

　　Refusing to replant trees or replanting does not conform to the relevant provisions of the State, the competent forestry departments on behalf of the replanting, the required expenses shall be paid by the lawbreakers。

　　第四十五条　采伐林木的单位或者个人没有按照规定完成更新造林任务的，发放采伐许可证的部门有权不再发给采伐许可证，直到完成更新造林任务为止；情节严重的，可以由林业主管部门处以罚款，对直接责任人员由所在单位或者上级主管机关给予行政处分。

　　Article 46 If the staff members of the competent forestry departments engaged in forest resources protection and forestry supervision and administration and the relevant staff members of other state organs abuse their power, neglect their duties, practice favoritism and commit malpractices, if the case constitutes a crime, they shall be investigated for criminal responsibility according to law;If the case does not constitute a crime, administrative sanctions shall be imposed according to law。

第七章　附则

　　Article 47 The competent forestry department under The State Council shall formulate implementation measures in accordance with this Law and submit them to The State Council for approval for implementation。

　　Article 48 Where the provisions of this Law cannot be fully applied to the national autonomous areas, the organs of self-government may, in accordance with the principles of this Law and in light of the characteristics of the national autonomous areas, formulate adaptations or supplementary provisions and submit them to the provinces, autonomous regions or the Standing Committee of the National People's Congress for approval in accordance with legal procedures。

　　第四十九条　本法自１９８５年１月１日起施行。