The forest right certificate is a certificate that the local people's government at or above the county level or the competent forestry department of the State Council confirms the ownership or use right of the state-owned and collective-owned forests, trees and woodlands, trees owned by individuals and woodlands used, and registers and issues certificates in accordance with the relevant provisions of the Forest Law or the Rural Land Contract Law.
According to the Regulations for the Implementation of Forest Law, the certificate of ownership of forests, trees and woodlands shall be stipulated by the competent forestry authorities in the State Council. Since April 18, 2000, the national unified style and number of forest right certificates have been put into use. The style is green plastic seal, with the words "National Emblem of China", "People of China * * and National Forest Ownership Certificate" printed on the cover, and the "Special Seal for Producer of Forest Ownership Certificate of State Forestry Administration" overprinted. In the Registration Form of Forests, Trees and Woodlands in the certificate, the owner of woodlands, the owner of woodlands use rights, the owner of woodlands or woodlands use rights, the position of woodlands and trees on the ground, small place names, forests and subcategories, the area of woodlands, main tree species, number of trees, forest species, the use period of woodlands, the end date of woodlands use, and the four woodlands, etc. Register separately, and the certificate is accompanied by change registration and forests, trees and woodlands. The certificate shall take effect after being sealed by the local people's government at or above the county level; Forests, trees and woodlands in national key forest areas identified by the State Council shall come into effect with the seal of the competent forestry department of the State Council. Forest right certificate (forest right certificate, hilly land certificate, etc.). ) Those issued before April 18, 2000 are still valid.
Second, what is the owner of forest right?
The owner of forest right refers to the owner of the ownership or use right of forests, trees and woodlands. Ownership refers to the right to own, use, benefit and dispose of forests, trees and woodlands. The right to use refers to the right to use other people's forests, trees and woodlands according to the contract or relevant regulations; The right to use is not ownership, nor the right to use in ownership, but the power separated from ownership and exercised by non-owners. Forest right holders can be individuals, legal persons or other organizations.
According to the Constitution, the Land Management Law and the Rural Land Contract Law, China's forest land implements socialist public ownership, that is, ownership by the whole people and collective ownership by the working people, and forest land cannot be bought or sold. The ownership of forest land and trees owned by the whole people (that is, the state) is exercised by the State Council on behalf of the state, and the State Council is the owner. The state allocates or transfers state-owned forest land and trees to enterprises, institutions, individuals or other organizations free of charge according to law, and enterprises, institutions, individuals or other organizations are only owners of the right to use forest land and trees. Owners who have obtained the right to use forest land and trees through free allocation have limited right to use, and only the right to operate and manage according to law may not transfer the right to use. If it is really necessary to transfer, it shall first go through the procedures for the transfer of state-owned forest land and trees and pay the transfer fee. After the transfer according to law, the transferee may transfer part or all of the remaining term of the transferee to a third party according to law. State-owned forestry enterprises and institutions have established the responsibility system for forest land and trees within their business scope, and implemented the right to use forest land and forest management to their internal employees. This is a labor relationship, and their forest rights have not changed, nor have the forest rights holders.
The state practices a rural land contract management system for forest land owned by farmers collectively and owned by the state and used by farmers collectively according to law and other land used for agriculture according to law. The rural forest land contract adopts the household contract method within the rural collective economic organizations, and the barren hills, gullies, hills and beaches suitable for household contract can be contracted through bidding, auction and public consultation. After the contract of rural forest land, the nature of forest land ownership remains unchanged, but the right to use it changes. The owner of the forest land is the developer, and the owner of the forest land use right and the owner of the trees on the forest land are the contractors. After contracting, rural forest land can be transferred according to law. If the household contract is transferred or exchanged according to law, a new contract relationship will be established, and the forest land use right and forest ownership will change, and the forest right holder will change; If it is subcontracted or leased to a third party according to law, the contractual relationship between the contractor and the employer remains unchanged, and so does the forest right holder. If rural barren hills, gullies, hills and beaches are contracted by means of bidding, auction and public consultation, and the forest right certificate is obtained through registration according to law, the contracted management right of forest land can be transferred, leased, invested and mortgaged according to law.
Circulation; Transfer according to law, establish a new contractual relationship, the right to use forest land and forest ownership change, and the owner of forest right changes; Lease or invest in accordance with the law, the contractual relationship between the contractor and the employer remains unchanged, and the forest right holder remains unchanged; Mortgage according to law. During the mortgage period, the right of possession, use and income of forest land and trees will not be transferred, the right to use forest land and forest ownership will remain unchanged, and the owner of forest right will remain unchanged; When the mortgagor fails to perform the due debts, the mortgagee shall dispose of the forest land use right and forest ownership according to law, and the forest land use right and forest ownership will change, and the forest right holder will change.
Third, how to obtain the forest right certificate
1, forest right registration application
Forest right registration is divided into initial registration, change registration and cancellation registration. Where the ownership and use right of forests, trees and woodlands are changed, the registration procedures for the change shall be handled according to law. The change of registration and cancellation of registration shall be registered with the competent forestry department of the initial registration authority.
If the forest right holder is an individual, his legal representative or entrusted agent shall apply for forest right registration; If the forest right holder is a legal person or other organization, its legal representative, responsible person or entrusted agent shall apply for forest right registration.
Units that use forests, trees and woodlands in national key forest areas determined by the State Council according to law shall apply to the competent forestry authorities in the State Council for registration of forest rights, which shall be confirmed by the competent forestry authorities in the State Council for registration and certification; Units and individuals who use state-owned forests, trees and woodlands across administrative regions according to law shall apply for registration with the competent forestry department of the people's government at the next higher level, and the people's government shall confirm the forest right and register and issue certificates; Units and individuals that use other forests, trees and woodlands owned by the state according to law shall apply to the competent forestry department of the local people's government at or above the county level for registration, and the local people's government at or above the county level shall confirm the forest right and register and issue certificates; Forests, trees and woodlands owned by the state whose right to use has not been determined shall be registered by the people's governments at or above the county level and be responsible for the protection and management.
Collectively owned forests, trees and woodlands shall be registered by the owner with the competent forestry department of the local people's government at the county level, and the people's government at the county level shall confirm the ownership and register and issue certificates. All trees owned by units and individuals shall apply to the competent forestry department of the local people's government at the county level for registration, and the people's government at the county level shall confirm the ownership of trees, register them and issue certificates. Units and individuals that use collectively owned forests, trees and woodlands shall apply to the competent forestry authorities of the local people's governments at the county level for registration and certification, and the people's governments at the county level shall confirm the right to use forests, trees and woodlands.
2. Materials to be submitted when applying for registration
When the forest right holder puts forward the initial registration, he shall submit the following materials: (1) an application form for forest right registration; (2) Personal identity certificate, qualification certificate of legal person or other organization, identity certificate of legal representative or person in charge, identity certificate of legal agent or entrusted agent, and power of attorney stating the entrusted matters and the entrusted authority; (three) the certificate of ownership of forests, trees and woodlands for registration; (4) Other relevant documents required by the competent forestry authorities of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
When the forest right holder proposes to change and cancel the registration, he shall submit the following materials: (1) an application form for forest right registration; (2) Forest right certificate; (three) the relevant documents of changing or losing the forest right according to law.
3, forest right registration certification procedures
The competent forestry authorities of the people's governments at all levels are the accepting organs of forest right registration applications, and perform corresponding duties according to law. After accepting the application for registration of forest right holders, the competent forestry authorities at all levels shall first conduct a preliminary examination of the application materials. If the application materials meet the requirements of the Forest Law and its implementing regulations, the rural land contract law, and the management measures for the registration of forest and woodland ownership, they shall be accepted; If it does not meet the requirements, it shall explain to the applicant the reasons for rejection or require the forest right holder to supplement the materials.
The competent forestry authorities at all levels shall announce the location of forests, trees and woodlands within 10 working days from the date of acceptance. The announcement period is 30 days. During the announcement period, if an interested party raises an objection to the registration application, the registration application acceptance organ shall investigate and verify the objection. The objection raised by the interested party is legal and valid, which belongs to the forest right dispute, and the application for registration shall be suspended, transferred to the mediation institution for ownership dispute, and re-accepted according to the processing result; If the infringement belongs to the applicant, it shall stop accepting and notify the applicant. If the objection raised by the interested party is invalid, it shall continue to be accepted.
After the expiration of the announcement, if further acceptance is needed, the applicant organ shall organize a qualified forestry investigation team to verify on the spot whether the forest land owner, forest land use right holder, forest or tree owner, forest or tree use right holder, forest land and its above-ground trees are located, small place names, forest types and subcompartments, forest land area, main tree species, number of trees, forest species and forest land area are accurate, and whether the ownership certification materials in the application materials are legal and valid. After on-the-spot verification, if the data is accurate, the ownership is legal and valid, and the map conforms to the reality, the application acceptance organ shall, within 3 months from the date of application, report to the people's government at the same level for forest right registration and issue forest right certificates. Otherwise, the application acceptance organ shall inform the applicant in writing of the reasons for not registering.
The local people's governments at all levels shall examine and approve the application for forest right registration and issuance of forest right certificate put forward by the competent forestry authorities at the same level, so as to prevent repeated registration and issuance of forest right or forest land and cultivated land, grassland and water surface. After examination and verification, registration shall be granted, and the forest right certificate shall be issued in time. The examination and approval procedures of local people's governments at all levels are the necessary procedures for issuing forest right certificates. The seal of the issuing authority in the forest right certificate shall come into effect after being stamped by the local people's government at or above the county level or the competent forestry department of the State Council, and the use of other seals shall be invalid.
Where the competent forestry authorities in the State Council or the people's governments of provinces, autonomous regions and municipalities directly under the Central Government or the people's governments of cities divided into districts or autonomous prefectures issue forest certificates, the registration authority shall notify the relevant local people's governments of the issuance of forest certificates.