The term "forest land" as mentioned in these Provisions refers to the forestry land determined by the overall land use planning of the people's governments at or above the county level.
The term "forest land circulation" as mentioned in these Provisions refers to the act that the right to use forest land is transferred from one party to the other according to law.
The term "forest circulation" as mentioned in these Provisions refers to the act of transferring the ownership and use right of forest trees from one party to another according to law. Article 3 The competent forestry authorities of the people's governments at or above the county level shall be responsible for the management, guidance, coordination and supervision of forest land and forest circulation within their respective administrative areas.
The relevant departments of agriculture and land of the people's governments at or above the county level shall, in accordance with their respective duties, do a good job in the relevant work of forest land and forest circulation.
Township (town) people's governments and rural collective economic organizations shall cooperate with the competent forestry authorities to do a good job in the coordinated management of forest land and forest circulation. Article 4 The competent forestry department of the people's government at or above the county level shall establish an information database of forest land and forest trees circulation, release the information of supply and demand of forest land and forest trees circulation in a timely manner, and provide guidance and services for circulation activities.
Conditional cities, counties and autonomous counties can establish forest land and forest trading markets, guide both sides to enter the market for trading, standardize market trading activities, and protect the legitimate rights and interests of rural collective economic organizations and their members. The people's governments at or above the county level shall provide the necessary financial guarantee. Article 5 The circulation of forest land and trees can be carried out through transfer, shareholding, subcontracting, exchange, lease and other means permitted by laws and regulations.
Where forest land or trees are mortgaged, the provisions on transfer shall apply.
Woodland and forest trees can be transferred separately or together. Article 6 The circulation of forest land and trees shall follow the following principles:
(a) voluntary, equal and paid according to law;
(two) shall not change the ownership and use of forest land;
(three) is conducive to the protection, development and rational utilization of collective forest land and forest resources;
(4) Under the same conditions, members of this collective economic organization enjoy priority. Seventh the following forest land and trees can be transferred or transferred by other means:
(1) Timber forests, economic forests and firewood forests;
(two) the right to use timber forest, economic forest and firewood forest;
(three) the right to use the forest land in the cutting land and burning land of timber forest, economic forest and firewood forest;
(four) the right to use other trees and other woodlands as stipulated by laws and regulations and the State Council.
Except in the circumstances specified in the preceding paragraph, the right to use other trees and woodlands may not be transferred. Article 8 The following woodlands and trees shall not be circulated:
(a) without obtaining the forest right certificate or forest right certificate;
(two) the ownership is uncertain or controversial;
(3) being sealed up or detained according to law;
(4) In the core area and buffer area of the nature reserve;
(5) Woodlands and trees other than those specified in Article 7 of these Provisions. Article 9 With the approval of the competent forestry authorities of the people's governments of cities, counties and autonomous counties, public welfare forests and their forest land use rights can be transferred by means other than transfer, which can be used for developing forest tourism, developing under-forest aquaculture and other purposes stipulated by laws and regulations, but the nature of public welfare forests shall not be changed, and their ecological functions and biodiversity shall not be destroyed.
The competent forestry authorities of the people's governments of cities, counties and autonomous counties shall organize experts to demonstrate the impact of business activities on public welfare forests before examination and approval. Tenth the following forest land, forest circulation, decided by the owner:
(a) the forest land and trees contracted by the family are circulated in a way other than circulation;
(2) Woodlands and trees in mountainous areas;
(three) private plots and scattered trees owned by individuals in front of the house;
(4) Trees owned by units and individuals other than rural collective economic organizations on collective land;
(five) other forest land and trees that can be transferred independently according to laws and regulations. Eleventh forest land obtained through household contract shall be circulated by circulation and approved by the employer. The Employer shall give a reply within 30 days after receiving the contractor's application; If no reply is made within the time limit, it shall be deemed as consent.
Where the forest land obtained through household contract is transferred by subcontracting, leasing, exchanging and shareholding, the contractor shall, within 30 days from the date of signing the transfer contract, report the transfer contract and related materials to the employer and the Township People's Government for the record.
The circulation of forest land and trees obtained through household contract shall be unanimously agreed by the family members of the contractor and a circulation contract shall be signed. Article 12 The transfer of forest land and the right to use forest trees contracted by means other than household contract shall be subject to the consent of the employer. The convening of a villagers' meeting or a villagers' representative meeting by the employer shall be approved by more than two thirds of the members of the villagers' meeting of the collective economic organization or more than two thirds of the villagers' representatives.
If there is an agreement in the contract on the circulation and mode of forest land and forest tree use rights, such agreement shall prevail. If the contractor transfers the forest land and forest use right in violation of the contract, the employer has the right to terminate the contract and recover the contracted forest land.