Measures for the administration of forest resources circulation in Benxi City

Article 1 In order to cultivate and develop the forest resources market, promote the rational allocation of forest resources and the sustainable development of forestry economy, and regulate the circulation of forest resources, these measures are formulated in accordance with the Forest Law of People's Republic of China (PRC) and relevant regulations, combined with the actual situation of our city. Article 2 The term "circulation of forest resources" as mentioned in these Measures refers to the circulation of forests, forest ownership and forest land use rights through transfer, joint venture, cooperation, share management, joint venture, lease management, mortgage, auction and enterprise liquidation. Third all units and individuals engaged in forest resources circulation activities within the administrative area of this Municipality must abide by these measures. Fourth city and county (District) people's government departments in charge of forestry is the administrative department in charge of the circulation of forest resources within their respective administrative areas. Article 5 The circulation of forest resources must follow the following principles:

(a) conducive to the cultivation, protection and development and utilization of forest resources;

(2) Pre-transfer evaluation;

(three) to ensure the preservation and appreciation of state-owned and collective forest resources assets, and safeguard the rights and interests of the state and the collective;

(four) adhere to equality and mutual benefit, openness, fairness and justice. Article 6 The ownership of the following forests and trees can be transferred:

(1) Timber forests;

(2) Economic forests;

(3) firewood forest.

During the circulation of forests and trees, the right to use attached forest land will be transferred, but the nature of forest land ownership will remain unchanged. Seventh the following forest land use rights can be transferred:

(1) firewood forest land;

(2) sparse forest land;

(3) Shrub land;

(4) Deforestation;

(5) burning the ground;

(6) Unforested land;

(7) barren hills suitable for forest.

After the transfer of forest land use rights, the nature of use shall not be changed, and permanent buildings and structures shall not be built, and temporary buildings and structures shall not be built without authorization.

The transfer period of forest land use right shall not exceed 50 years at the longest. Eighth the following forests, forest ownership and forest land use rights shall not be transferred:

(a) Forest ownership is unclear or controversial;

(2) Shelterbelts and special-purpose forests;

(3) Forests, trees and woodlands whose transfer is prohibited by laws and regulations. Article 9 The transfer of forest resources does not include forest wildlife and underground mineral resources. Article 10 The transfer of the right to use forest resources in the forest park around the city requires the consent of the municipal competent department of the forest park around the city. The transfer of ownership and use right of forest land managed by the urban construction management department as stipulated by relevant laws and regulations in the urban built-up area shall be implemented in accordance with relevant laws and regulations. Eleventh the transfer of state-owned forest resources shall be reported to the competent forestry authorities at or above the provincial level for approval.

The circulation area of collectively owned forests and woodlands is less than 10 hectare (including 10 hectare), which shall be examined and approved by the competent forestry authorities at the county level; 10 hectares to 50 hectares (including 50 hectares) below, approved by the municipal forestry authorities; Twelfth state-owned and collectively owned forest resources must be evaluated before transfer. Thirteenth forest resources assets evaluation must be approved by the competent forestry department, confirmed by the state-owned assets management department and obtained the "asset evaluation qualification certificate" of professional evaluation institutions or comprehensive evaluation institutions. Fourteenth assessment agencies should be based on the assessment power of attorney issued by the competent forestry department before accepting the assessment commission.

The investigation methods, technical standards and calculation methods of forest resources assets evaluation shall be implemented in accordance with the relevant technical specifications of the state.

The evaluation result is valid for one year. Fifteenth forest resources circulation shall perform the following procedures:

(a) the transfer unit shall submit an application for transfer and a certificate of forest right to the competent forestry department. Collectively owned, it shall also be submitted to the villagers' meeting or the villagers' representative meeting for discussion;

(2) After the competent forestry department approves the transfer, it shall issue an appraisal power of attorney to the appraisal institution;

(three) the evaluation agency to verify the resources and assets, determine the transfer amount, and submit an evaluation report;

(four) the competent forestry authorities shall verify and confirm the evaluation results. Article 16 The transfer of state-owned and collectively-owned forest resources and collectively-owned forests and trees with cutting licenses must be conducted by auction or bidding. Article 17 A transfer contract shall include the following contents:

(a) the name, unit and address of the transferor and the transferee;

(two) the type, location, area and volume of forest resources in circulation;

(3) The term, purpose and requirements of the transfer;

(four) the transfer amount and the method and time of payment;

(5) Liability for breach of contract;

(six) other matters that need to be agreed. Article 18 The competent forestry authorities shall be responsible for reviewing the transfer contract, handling the registration procedures for the change of forest land use right and forest right, and the people's government at or above the county level shall renew the forest right certificate.

After the transfer of state-owned forest resources, it shall be reported to the state-owned assets management department at the same level for the record. Nineteenth after the transfer of forest resources management rights, logging and management are still implemented in accordance with relevant state policies, regulations and rules.

After the transfer, all the forest cutting quotas will be included in the management of cutting quotas where the resources are located. Twentieth transfer of forest land that has obtained the right to use shall be managed within two years. If it is not managed within the time limit or the management is not up to standard, the original transferor shall recover it.

After the transfer of hilly land and contracted hilly land, the management regulations before the transfer shall apply. The transferee shall enjoy and perform the rights and obligations of the transferor.