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Regulations on returning farmland to forests

decree of the state council of the people's republic of china

No.367)

"Regulations on Returning Farmland to Forests" has been adopted at the 66th executive meeting in the State Council on February 6, 2002, and is hereby promulgated, and shall come into force as of October 20, 2003.

General manager Zhu Rongji.

2002 65438+ February 65438+ April

Chapter I General Principles

Article 1 These Regulations are formulated in order to standardize the activities of returning farmland to forests, protect the legitimate rights and interests of those who return farmland to forests, consolidate the achievements of returning farmland to forests, optimize the rural industrial structure and improve the ecological environment.

Article 2 These Regulations shall apply to the activities of returning farmland to forests within the planning scope approved by the State Council.

Article 3 People's governments at all levels shall strictly implement the policies and measures of "returning farmland to forests, closing hillsides to facilitate afforestation, substituting food for relief, and contracting by individuals".

Fourth, returning farmland to forests must adhere to ecological priority. Returning farmland to forests should be combined with adjusting rural industrial structure, developing rural economy, preventing soil erosion, protecting and building basic farmland, increasing grain yield per unit area, strengthening rural energy construction and implementing ecological migration.

Fifth returning farmland to forests should follow the following principles:

(a) overall planning, step-by-step implementation, focusing on key points and paying attention to practical results;

(two) the combination of policy guidance and farmers' voluntary returning farmland, who returns farmland, who afforestation, who management, who benefits;

(three) follow the laws of nature, adjust measures to local conditions, forest suitable, grass suitable, comprehensive management;

(4) Pay equal attention to construction and protection, and prevent damage while managing;

(5) Gradually improve the living conditions of those returning farmland to forests.

Sixth the State Council Western Development Agency is responsible for the comprehensive coordination of the work of returning farmland to forests, organizing relevant departments to study and formulate relevant policies and measures for returning farmland to forests, and organizing and coordinating the implementation of the overall plan for returning farmland to forests; The forestry administrative department of the State Council is responsible for compiling the overall plan and annual plan of returning farmland to forests, implementing the national plan of returning farmland to forests, and guiding, supervising and inspecting the work of returning farmland to forests; The development planning department of the State Council, jointly with the relevant departments, is responsible for the review of the overall plan of returning farmland to forests, the summary of the plan, the preparation and comprehensive balance of the annual plan for infrastructure construction; The competent financial department of the State Council is responsible for the arrangement, supervision and management of the central financial subsidy funds for returning farmland to forests; The administrative department of agriculture of the State Council is responsible for the planning, compilation, technical guidance, supervision and inspection of returning farmland to grassland and the restoration of natural grassland; The water administrative department of the State Council is responsible for the technical guidance, supervision and inspection of small watershed management, soil and water conservation and other related work in the area of returning farmland to forests and grasslands; The administrative department of grain in the State Council is responsible for coordinating and adjusting grain sources.

The forestry, planning, finance, agriculture, water conservancy, grain and other departments of the local people's governments at or above the county level shall, under the unified leadership of the people's governments at the corresponding levels, be responsible for the relevant work of returning farmland to forests in accordance with these regulations and the division of responsibilities stipulated in these regulations.

Article 7 The State implements the responsibility system of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for returning farmland to forests. The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall organize relevant departments to take measures to ensure that the central subsidy funds for returning farmland to forests are earmarked, organize the transportation and supply of subsidized grain, strengthen the audit of returning farmland to forests, complete the tasks of returning farmland to forests assigned by the state on schedule, implement the target responsibilities step by step, sign letters of responsibility, and realize the goal of returning farmland to forests.

Eighth returning farmland to forests to implement the target responsibility system.

The relevant departments of the local people's governments at or above the county level shall sign a letter of responsibility with the person in charge of the project of returning farmland to forests and the technical person in charge to clarify the responsibilities.

Article 9 The state supports the research and popularization of the application technology of returning farmland to forests, and improves the scientific and technological level of returning farmland to forests.

Tenth relevant departments of the State Council and local people's governments at all levels shall organize publicity and education on the activities of returning farmland to forests to enhance citizens' awareness of ecological construction and protection.

Units and individuals that have made remarkable achievements in the work of returning farmland to forests shall be commended and rewarded by relevant departments of the State Council and local people's governments at all levels.

Eleventh any unit or individual has the right to report and accuse the destruction of returning farmland to forests.

After receiving reports and complaints, the relevant people's governments and their relevant departments shall promptly deal with them.

Twelfth audit institutions at all levels should strengthen the audit and supervision of the use of funds and food subsidies for returning farmland to forests.

Chapter II Planning and Planning

Thirteenth returning farmland to forests should be planned as a whole.

The overall plan for returning farmland to forests is compiled by the forestry administrative department of the State Council, coordinated by the the State Council Western Development Bureau, reviewed by the the State Council Development Planning Department, and submitted to the State Council for approval and implementation.

The forestry administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, according to the overall plan for returning farmland to forests, formulate the plan for returning farmland to forests in their respective administrative areas, which shall be approved by the people's governments at the corresponding levels and reported to the relevant departments of the State Council for the record.

Article 14 The plan for returning farmland to forests shall include the following main contents:

Scope, layout and focus;

(2) The year, objectives and tasks;

(3) Investment calculation and sources of funds;

(4) Benefit analysis and evaluation;

⑤ Safeguards.

Fifteenth the following cultivated land should be included in the plan of returning farmland to forests, and according to the needs of ecological construction and national financial resources, the implementation of returning farmland to forests in a planned way:

(1) Serious soil erosion;

(2) Serious desertification, salinization and rocky desertification;

(3) The ecological status is important, and the grain output is low and unstable.

In the planning of returning farmland to forests, priority should be given to cultivated land on steep slopes at the source of rivers and their sides, around lakes and reservoirs, cultivated land in ecologically important areas such as soil erosion and serious sandstorm damage.

Sixteenth cultivated land within the scope of basic farmland protection and good production conditions, the actual grain output exceeds the national grain subsidy standard for returning farmland to forests and will not cause soil erosion, and shall not be included in the plan of returning farmland to forests; However, due to the special needs of ecological construction, with the approval of the State Council and adjustment according to the procedures stipulated by relevant laws and administrative regulations, the scope of basic farmland protection can be included in the plan of returning farmland to forests.

When making the plan of returning farmland to forests, we should consider the long-term livelihood needs of farmers who have returned farmland.

Article 17 The plan for returning farmland to forests shall be linked with the national economic and social development plan, the overall plan for rural economic development and the overall plan for land use, and coordinated with the plans for environmental protection, soil and water conservation and sand prevention and control.

Eighteenth returning farmland to forests must be carried out in accordance with the approved plan. Without the consent of the original approval authority, the plan of returning farmland to forests shall not be adjusted without authorization.

Article 19 The forestry administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, in accordance with the plan for returning farmland to forests, work out the plan for returning farmland to forests in their respective administrative regions for the next year, which shall be audited by the development planning department of the people's government at the corresponding level, submitted to the people's government at the corresponding level for approval, and submitted to the the State Council Western Development Agency, forestry, development planning and other relevant departments before 3 August each year. The forestry administrative department of the State Council compiled the annual plan proposal of returning farmland to forests in China, which was coordinated by the State Council Western Development Bureau, reviewed by the State Council Development Planning Department and approved by the State Council, and jointly issued by the State Council Development Planning Department and relevant departments before 10 and 3 1.

The development planning departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, jointly with relevant departments, decompose the plan of returning farmland to forests in their respective administrative areas for the next year before June 30, and report the decomposition to the relevant county (city) people's governments and to the relevant departments of the State Council for the record.

Article 20 The administrative departments of forestry of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, according to the plan of returning farmland to forests for the next year issued by the state, work out the annual implementation plan of returning farmland to forests in their respective administrative regions in conjunction with relevant departments, and report it to the people's government at the same level for approval and implementation after being audited by the administrative departments of forestry of the State Council.

The forestry administrative department of the people's government at the county level may, according to the approved annual implementation plan of returning farmland to forests at the provincial level, compile the annual implementation plan of returning farmland to forests in its own administrative region, report it to the people's government at the corresponding level for approval before implementation, and report it to the forestry administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government for the record.

Article 21 The annual implementation plan for returning farmland to forests shall include the following main contents:

(a) the specific scope of returning farmland to forests;

(two) the proportion of ecological forest and economic forest;

(3) Tree species selection and vegetation allocation;

(4) Afforestation mode;

(five) the way of seedling supply;

(6) Vegetation management and supporting measures;

(seven) the person in charge of the project and technology.

Article 22 The forestry administrative department of the people's government at the county level shall, according to the annual implementation plan of returning farmland to forests, organize professionals or qualified design units to prepare township operation designs, and implement the contents determined in the implementation plan to specific plots and land contractual management rights holders.

When making operation design, drought-tolerant shrubs (grass) should be planted in arid and semi-arid areas to restore the original vegetation; Intercropping trees and grass should be intercropped with perennial plants, and the initial planting density of main trees should meet the standards stipulated by the state.

Twenty-third ecological forest area built by returning farmland to forests shall be calculated by county, and shall not be less than 80% of the area of returning farmland to forests.

The ecological forest created by returning farmland to forests shall be identified by the forestry administrative department of the local people's government at or above the county level in accordance with the standards formulated by the forestry administrative department of the State Council.

Chapter III Afforestation, Management and Inspection

Article 24 The people's government at the county level or the people's government at the township level entrusted by it shall sign a contract for returning farmland to forests with the land contractual management right holder who has the task of returning farmland to forests.

The contract for returning farmland to forests shall include the following main contents:

(a) the scope and area of returning farmland to forests, and the scope and area of afforestation in barren hills and wasteland suitable for forests;

(two) according to the operation design to determine the way of returning farmland to forest;

(three) the survival rate of afforestation and its preservation rate;

(4) Responsibility for management and protection;

(five) the standard, duration and payment method of subsidy funds and meals;

(six) the way and content of technical guidance and technical services;

(seven) the source and supply of seedlings;

(8) Liability for breach of contract;

(9) Term of performance of the contract.

The contents of the contract for returning farmland to forests shall not conflict with these regulations and other relevant state provisions on returning farmland to forests.

Twenty-fifth people's governments at the county level can organize centralized procurement according to local conditions, and can also be purchased by those who return farmland to forests themselves. In case of centralized procurement, the opinions of those who have returned farmland to forests shall be solicited, and a written contract shall be signed through public bidding. Those who exceed the national subsidy standard for seedling afforestation shall not be forced to charge excessive fees to those who return farmland to forests.

No unit or individual may designate seedling suppliers for those who return farmland to forests.

It is forbidden to monopolize the operation of seedlings and drive up the prices of seedlings.

Twenty-sixth seedlings used in returning farmland to forests should be cultivated locally and adjusted nearby, and priority should be given to improved seedlings of native tree species and tree species with strong resistance.

Twenty-seventh forestry and agricultural administrative departments should strengthen technical guidance and service management of seedling cultivation to ensure the quality of seedlings.

The seedlings of returning farmland to forests sold and supplied shall be inspected by the administrative departments of forestry and agriculture of the people's government at the county level, with labels and quality inspection certificates attached; Cross-county transportation shall also obtain quarantine certificates according to law.

Article 28 The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, according to the plan of returning farmland to forests in their respective administrative areas, strengthen the construction of seedling production and seed collection bases.

The state encourages enterprises and individuals to cultivate seedlings in various forms and implement industrial management.

Twenty-ninth people returning farmland to forests should plant trees and grass in accordance with the requirements of the operation design and contract.

Intercropping between forest and grain and destroying the original forest and grass vegetation are prohibited.

Article 30 During the period of enjoying funds and grain subsidies, those who have returned farmland to forests shall plant trees in barren hills and wasteland suitable for afforestation in accordance with the requirements of operation design and contract.

Thirty-first people's governments at the county level shall establish a vegetation management and protection system for returning farmland to forests, and implement management and protection responsibilities.

Those who return farmland to forests shall fulfill their obligations of management and protection.

It is forbidden to resume farming and engage in activities that destroy surface vegetation such as indiscriminate mining and excavation within the implementation scope of the project of returning farmland to forests.

Thirty-second local people's governments at all levels and their relevant departments shall organize technology popularization units or technicians to provide technical guidance and technical services for returning farmland to forests.

Thirty-third forestry administrative departments of the people's governments at the county level shall, in accordance with the acceptance criteria and measures formulated by the forestry administrative departments of the State Council, carry out acceptance of the construction project of returning farmland to forests, and only after passing the acceptance can the certificate of acceptance be issued.

Article 34 The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall review the results of the inspection and acceptance of returning farmland to forests at the county level, and reward and punish the people's governments at the county level and the relevant responsible personnel according to the review results.

The forestry administrative department of the State Council shall verify the results of the provincial review and report the verification results to the State Council.

Chapter IV Funds and Food Subsidies

Article 35 The state shall, according to the approved actual area of returning farmland to forests, provide the land contractual management right holder with grain subsidies, seedling afforestation subsidies and living allowances. The specific subsidy standard and subsidy period shall be implemented in accordance with the relevant provisions of the State Council.

Thirty-sixth has not been contracted to households and fallow farmland to forest, and afforestation in barren hills and wasteland suitable for forest included in the plan of returning farmland to forest, only enjoy subsidies for seedling afforestation.

Thirty-seventh seedling afforestation subsidies and living allowances by the planning, finance and forestry departments of the State Council in accordance with the relevant provisions of the timely payment and disbursement.

Thirty-eighth subsidized grain should be transported nearby, reducing supply links and reducing supply costs. Grain subsidies shall be handled in accordance with relevant state policies.

The cost of grain transportation shall be borne by local finance, and shall not be shared with enterprises that supply subsidized grain and those who return farmland to forests.

Article 39 The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall reasonably determine subsidized grain varieties according to local grain consumption habits, crop planting habits and the actual situation of local grain stocks.

Subsidized grain must meet the quality standards set by the state. Those that do not meet the national quality standards shall not be supplied to those who return farmland to forests.

Article 40 In the first year of returning farmland to forests, the annual grain subsidy can be paid in two installments, and the amount of each installment shall be determined by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

From the second year of returning farmland to forests, within the prescribed subsidy period, the people's government at the county level shall organize relevant departments and units to pay the subsidized grain for that year to the personnel who hold the acceptance certificate in time.

Forty-first payment of subsidized grain shall not be converted into cash or vouchers. Enterprises that supply subsidized grain may not buy back subsidized grain for returning farmland to forests.

Forty-second seedling afforestation subsidies should be used for seedling procurement, and the balance can be used for afforestation subsidies and enclosure management.

If the person returning farmland to forests buys seedlings on his own, the people's government at the county level or the people's government at the township level entrusted by him shall pay the seedling afforestation subsidy in one lump sum when the contract for returning farmland to forests comes into effect.

Centralized procurement of seedlings, after the acceptance of returning farmland to forests, seedling procurement units shall settle seedling afforestation subsidies with those who return farmland to forests.

Forty-third after returning farmland to forests, the people's government at the county level shall organize relevant departments to issue annual living allowances to qualified personnel in a timely manner within the prescribed subsidy period.

Forty-fourth funds for returning farmland to forests should be stored in special accounts and earmarked, and no unit or individual may occupy, intercept, misappropriate or deduct them.

No unit or individual may resort to deceit and falsely report subsidy funds and grain.

Forty-fifth the preparatory work and scientific and technological support needed for returning farmland to forests shall be subsidized by the state according to a certain proportion of the investment in the basic construction of returning farmland to forests, and shall be arranged in the annual plan by the development planning department of the State Council according to the engineering situation.

The expenses such as acceptance and payment required for returning farmland to forests shall be borne by local finance. The expenses such as verification required by relevant departments of the central government shall be borne by the central finance.

Forty-sixth townships (towns) and villages that implement returning farmland to forests shall establish a publicity system for returning farmland to forests, and publicize the area of returning farmland to forests, afforestation tree species, survival rate, fund distribution and food subsidies.

Chapter V Other Safeguard Measures

Article 47 The state protects those who have returned farmland to forests from having ownership of trees (grasses) on the land returned from farmland. Returning farmland to forests by oneself, the land contractual management right holder enjoys the ownership of trees (grass) on the cultivated land; If you entrust others to return farmland to forests or cooperate with others to return farmland to forests, the ownership of trees (grasses) on the land returned to farmland shall be agreed in the contract.

After returning farmland to forests, the people's governments at or above the county level shall, in accordance with the relevant provisions of the Forest Law and Grassland Law, issue forest (grass) ownership certificates, confirm the ownership and use rights, and go through the land change registration procedures according to law. The land contract should be adjusted accordingly.

Article 48 The term of contractual management right after returning farmland to forests may be extended to 70 years. After the expiration of the contractual management right period, the land contractual management right holder may continue to contract in accordance with the provisions of relevant laws and regulations.

The right to contracted management of land for returning farmland to forests and afforestation in barren hills and wasteland can be inherited and transferred according to law.

Forty-ninth people who return farmland to forests enjoy preferential tax in accordance with the relevant provisions of the state, and the income from agricultural specialty products obtained from returning farmland to forests (grasslands) is exempted from agricultural specialty tax in accordance with the provisions of the state.

For counties (cities) that reduce agricultural tax revenue due to disasters, the higher-level finance will give appropriate subsidies in the form of transfer payment; If there are difficulties, with the approval of the State Council, the central government will give appropriate subsidies in the form of transfer payment.

Fiftieth after the expiration of funds and food subsidies, under the premise of not destroying the overall ecological function, with the approval of the relevant competent departments, those who return farmland to forests can cut all their trees according to law.

Article 51 Local people's governments at all levels should strengthen the construction of basic farmland and agricultural infrastructure, increase investment, improve soil, transform sloping farmland, improve soil fertility and grain yield per unit area, and meet the long-term demand for rations by those who have returned farmland to forests.

Article 52 Local people's governments at various levels shall, according to the actual situation, strengthen the construction of rural energy such as biogas, small hydropower, solar energy and wind energy to meet the energy needs of those who have returned farmland to forests.

Article 53 Local people's governments at all levels should adjust the rural industrial structure, support leading enterprises, develop pillar industries, expand employment, increase farmers' income, speed up the construction of small towns, and promote the gradual transfer of agricultural population to cities and towns.

Article 54 The state encourages the implementation of ecological migration in the process of returning farmland to forests, and gives appropriate subsidies to the production and living facilities of ecological immigrant farmers.

Article 55 After returning farmland to forests, the local people's governments concerned shall take measures such as closing hillsides to prohibit grazing and keeping animals in captivity to protect the achievements of returning farmland to forests.

Article 56 Returning farmland to forests should be combined with policies and measures such as poverty alleviation and development, comprehensive agricultural development, and soil and water conservation. Under the premise of earmarking funds, project funds of different natures should be arranged as a whole to improve the efficiency in the use of funds.

Chapter VI Legal Liability

Article 57 State functionaries who violate the provisions of these Regulations in the activities of returning farmland to forests and commit any of the following acts shall be investigated for criminal responsibility in accordance with the provisions of the Criminal Law on corruption, bribery, misappropriation of public funds or other crimes; If it is not serious enough for criminal punishment, it shall be given administrative sanctions according to law:

(a) misappropriation, interception, misappropriation of funds for returning farmland to forests or deduction of subsidized food;

(two) resort to deceit, falsely claiming subsidies and food;

(3) taking advantage of his position to accept property or other benefits from others.

Persons other than state functionaries who commit the acts mentioned in Item (2) of the preceding paragraph shall be investigated for criminal responsibility in accordance with the provisions of the Criminal Law on fraud or other crimes; If the case is not serious enough for criminal punishment, the forestry administrative department of the people's government at or above the county level shall order it to return the subsidy funds and grain that have been impersonated, and impose a fine of more than 2 times and less than 5 times of the funds that have been impersonated.

Article 58 If any functionary of a state organ violates the provisions of these Regulations in the activities of returning farmland to forests and commits any of the following acts, the unit to which he belongs or the competent department at a higher level shall order him to make corrections within a time limit, refund the overcharged fees, and investigate the criminal responsibility of the directly responsible person in charge and other directly responsible persons in accordance with the provisions of the Criminal Law on the crime of abuse of power, dereliction of duty or other crimes; If it is not serious enough for criminal punishment, it shall be given administrative sanctions according to law:

(a) the reports and complaints about the destruction of the activities of returning farmland to forests are not handled in time;

(two) to share the cost of grain transportation to enterprises that supply subsidized grain and those who return farmland to forests;

(3) Failing to distribute subsidized food and living allowance to qualified personnel;

(four) when the contract of returning farmland to forest came into effect, the subsidy for afforestation of seedlings was not paid in one lump sum to those who bought seedlings themselves;

(five) centralized procurement of seedlings, after the acceptance of returning farmland to forests, the subsidy for seedling afforestation has not been settled with those who have returned farmland to forests;

(six) centralized procurement of seedlings is not qualified;

(seven) centralized procurement of seedlings, and forced collection of seedling fees exceeding the subsidy standards for seedling afforestation stipulated by the state from those who have returned farmland to forests;

(8) Designate seedling suppliers for returning farmland to forests;

(nine) to approve the grain enterprises to supply subsidized grain that does not meet the national quality standards, or to convert the subsidized grain into cash or payment vouchers;

(ten) the other does not perform their duties in accordance with the provisions of this Ordinance.

Article 59 Whoever monopolizes the seedling market or drives up the price of seedlings by improper means shall be investigated for criminal responsibility according to the provisions of the Criminal Law on the crime of illegal business operation, forced trading or other crimes; If it is not serious enough for criminal punishment, it shall be handled by the administrative department for industry and commerce in accordance with the provisions of the anti-unfair competition law; If there is no provision in the Anti-Unfair Competition Law, the administrative department for industry and commerce shall impose a fine of more than 2 times and less than 5 times the illegal business amount.

Article 60 Whoever sells or supplies seedlings that have not been inspected or are not attached with labels, quality inspection certificates or quarantine certificates shall be investigated for criminal responsibility according to the provisions of the Criminal Law on the crime of producing and selling fake and inferior seeds or other crimes; If the case is not serious enough for criminal punishment, it shall be handled by the administrative department of forestry and agriculture of the people's government at or above the county level or the administrative department for industry and commerce in accordance with the provisions of the Seed Law; If there are no provisions in the Seed Law, the administrative departments of forestry and agriculture of the people's governments at or above the county level shall impose a fine of more than 2 times and less than 5 times of the illegal business amount according to their functions and powers.

Article 61 Where a subsidized grain supply enterprise supplies subsidized grain that does not meet the national quality standards to those who have returned farmland to forests, the grain administrative department of the people's government at or above the county level shall order it to make corrections within a time limit, and may also impose a fine that the illegally supplied amount of subsidized grain times the unit price of standard rations.

Enterprises that supply subsidized grain convert subsidized grain into cash, vouchers, or buy back subsidized grain, the grain administrative department of the people's government at or above the county level shall order it to make corrections within a time limit, and may also impose a fine of less than 1 times the converted cash amount, voucher amount or the price of grain bought back.

Article 62 Whoever, without authorization, returns farmland to forest for rehabilitation, or engages in activities such as indiscriminate mining and excavation within the implementation scope of the project of returning farmland to forest, shall be investigated for criminal responsibility according to the provisions of the Criminal Law on the crime of illegal occupation of agricultural land, the crime of deforestation or other crimes; Those who are not serious enough for criminal punishment shall be punished by the administrative departments of forestry, agriculture and water conservancy of the people's governments at or above the county level in accordance with the provisions of the Forest Law, Grassland Law and Soil and Water Conservation Law.

Chapter VII Supplementary Provisions

Article 63 The specific implementation of returning grazing to grassland and restoring the construction of natural grassland shall be implemented in accordance with the Grassland Law and the relevant provisions of the State Council.

The specific implementation of small watershed management, soil and water conservation and other related work in the area of returning farmland to forests and grasslands shall be implemented in accordance with the Soil and Water Conservation Law and the relevant provisions of the State Council.

Article 64 Where the local people's governments at all levels decide to return farmland to forests outside the planning scope approved by the State Council, they shall not enjoy the central policy subsidies stipulated in these Regulations.

Article 65 These Regulations shall come into force as of June 20, 2003.