Article 57 Felling licenses shall be issued by the competent authorities of forestry of people's governments at or above the county level.
The competent authorities of forestry of the people's governments at or above the county level shall take measures to facilitate applicants in applying for felling licenses.
For rural residents to fell the woods on their plots of hilly lands allotted for private use and on contracted collective land, felling licenses shall be issued from the competent forestry authorities of the people's governments at county level, or people's governments at village and township level entrusted by them.
Article 58 When applying for a felling license, documents concerning felling locations, forest types, tree species, area, stock volume, methods, regeneration measures, forest rights, and other contents shall be submitted. Where the area or volume exceeds those specified by the competent authorities of forestry of the people's government at or above the provincial level, survey and design documents for the felling zone shall also be submitted.
Article 59 Where the technical protocols on tree felling are met, the competent authorities in charge of approval and issuance of felling licenses shall issue a felling license in a timely manner. However, the competent authorities in charge of approval and issuance of felling licenses shall not issue felling licenses exceeding the annual felling quota.
Article 60 Under any of the following circumstances, no felling license may be issued:
(1) Felling woods during the periods of mountain closures or within the areas of mountain closures;
(2) The tasks of forest regeneration have not been completed as required after the felling in the previous year;
(3) No measures have been taken for prevention and improvement since a major deforestation case, forest fire, or forest pest disaster took place in the previous year; and
(4) Other circumstances prohibiting felling as specified by laws and regulations, and by the competent authority of forestry of the State Council.
Article 61 Organizations and individuals that fell woods shall complete forest regeneration in accordance with relevant provisions. The area of forest regeneration shall not be less than the area of felling, and the forest regeneration shall meet the standards as set forth in the relevant technical protocols.
Article 62 The State shall, through interest subsidies, subsidies for stockpiling forest rights as collateral, and other measures, encourage and guide financial institutions to conduct forest-related mortgage loans, fiduciary loans to forest farmers, and other credit business in line with the characteristics of forestry, and support forest rights stockpiling institutions in stockpiling forest rights as collateral in a market-oriented manner.
Article 63 The State shall support the development of forestry insurance. People's governments at or above the county level shall provide premium subsidies for forestry insurance in accordance with law.
Article 64 Forestry managers may voluntarily apply for forest certification to promote forest management level and sustainable management.
Article 65 Any timber operating or processing enterprise shall keep a standing book for entry and exit of raw materials and products of woods. No organization or individual may purchase, process, and transport woods in full awareness of their illegal origins such as illegal felling or wanton deforestation.
Chapter VII
Supervision and Inspection
Article 66 The competent authorities of forestry of people's governments at or above the county level shall, in accordance with the provisions of this Law, conduct supervision and inspection over the protection, restoration, utilization, and regeneration of forest resources and, in accordance with this Law, investigate and punish illegal acts such as destruction of forest resources.
Article 67 The competent authorities of forestry of people's governments at or above the county level are authorized to take the following measures when performing the duties of supervision and inspection of the protection of forest resources:
(1) Entering production and management premises for on-site inspection;
(2) Inspecting and duplicating relevant documents and files, and sealing documents and files that may be transferred, destroyed, concealed, or tampered with;
(3) Seizing and detaining woods from illegal sources proved with evidences, and tools, equipments, or property intended for activities that destroy forest resources; and
(4) Sealing up sites related to activities that destroy forest resources.
For regions of ineffective protection and development of forest resources, with prominent problems, and intensive public complaints, the competent forestry authorities of the people's government at or above the provincial level may inquire the principals in charge of the people's governments at or above the county level in the region and their relevant competent authorities and require them to corrective actions in a timely manner. The information on the inquiry and corrective actions shall be disclosed to the public.
Article 68 Where the destruction of forest resources causes ecological and environmental damages, the competent authorities of natural resources and forestry of the people's government at or above the county level may sue in a people's court in accordance with law and claim damages from the tortfeasor.
Article 69 The competent authorities of audit shall conduct audit supervision over state-owned forest resource assets in accordance with the relevant provisions stipulated by the State.
Chapter VIII
Legal Liability
Article 70 Where the competent authorities of forestry or any other relevant institutions of the people's government at or above the county level fail to perform their duties in accordance with the provisions of this Law, administrative sanction shall be imposed on the executive staffs in direct charge and other directly liable persons in accordance with law.
In case of the failure to make a decision on administrative penalty in accordance with the provisions of this Law, the competent authorities at the higher level shall be authorized to order the competent authorities at the lower level to make the decision on the administrative penalty or directly impose the administrative penalty.
Article 71 Anyone who, in violation of the provisions of this Law, infringes upon the lawful rights and interests of an owner or user of forests, woods, or forest lands, shall be subject to tort liability in accordance with law.
Article 72 Any state-owned forestry enterprise or public institution who, in violation of the provisions of this Law, fails to perform its obligations to protect and cultivate forest resources, to prepare a forest management plan, or to conduct forest management activities in accordance with an approved forest management plan, shall be ordered by the competent authorities of forestry of the people's government at or above the county level to take corrective actions within a prescribed period, and administrative sanction imposed on the executive staffs in direct charge and other directly liable persons in accordance with law.
Article 73 Anyone who, in violation of the provisions of this Law, changes the use of forest lands without the approval of the competent authorities of forestry of the people's government at or above the county level, shall be ordered by the competent authorities of forestry of the people's government at or above the county level to restore vegetation and forestry production conditions within a prescribed period, and may be imposed a fine of not more than three times the cost of the restoration.
Anyone who occupies forest lands without completing the approval procedures for construction land, even with approval of the competent authorities of forestry of the people's government at or above the county level, shall be punished in accordance with the relevant provisions of the Land Administration Law of the People's Republic of China.
Anyone who constructs permanent buildings on forest lands in temporary use, or fails to restore vegetation or forestry production conditions within one year after the expiration of the temporary use of the forest lands, shall be punished in accordance with paragraph 1 of this article.
Article 74 Anyone who, in violation of the provisions of this Law, causes damages to woods in the ways of conducting reclamation, quarrying, sand quarrying, soil excavation, or other activities, shall be ordered by the competent authority of forestry of the people's government at or above the county level to cease the illegal activities, replanted woods with one to three times of the damaged woods in the original or another places within a prescribed period, and may be imposed a fine of not more than five times the value of the woods damaged; and where damages are caused to forest lands, shall be ordered by the competent authority of forestry of the people's government at or above the county level to cease the illegal activities and to restore vegetation and forestry production conditions within a prescribed period, and may be imposed a fine of not more than three times the cost of the restoration.
Anyone who, in violation of the provisions of this Law, causes damages to woods by harvesting firewood, destroying seedlings, or grazing in young forest lands, shall be ordered by the competent authorities of forestry of the people's government at or above the county level to cease the illegal activities and to replant woods of one to three times of the damaged woods in the original or another place within a prescribed period.
Anyone who discharges sewage and sludge containing heavy metals or other toxic and hazardous substances in excess of standards and dredged sediment, tailings, slag, and the like that may cause pollution to forest lands, shall be punished in accordance with the relevant provisions of the Law of the People's Republic of China on Soil Pollution Prevention and Control.
Article 75 For the relocation or destruction, in violation of the provisions of this Law, of forest protection signs without authorization, the competent authorities of forestry of the people's government at or above the county level shall restore the forest protection signs at the expense of the violator.
Article 76 Anyone who fells woods illegally, shall be ordered by the competent authority of forestry of the people's government at or above the county level to replant woods with one to five times of illegally felled woods in the original or another place within the prescribed period, and be imposed a fine with five to ten times of the value of the woods illegally felled in addition.
Anyone who fells woods exceeding permitted amount, shall be ordered by the competent authorities of forestry of the people's government at or above the county level to replant woods with one to three times of the number of excessively felled woods in the original or another place within the prescribed period, and may be imposed a fine with three to five times of the value of the woods felled excessively.
Article 77 Anyone who, in violation of the provisions of this Law, forges, alters, trades, and leases felling licenses, shall be confiscated the license and illegal income by the competent authorities of forestry of the people's government at or above the county level, and shall be imposed a fine with one to three times of the illegal income in addition; when no illegal income generated, may be imposed a fine of not more than 20,000 yuan.
Article 78 Anyone who , in violation of the provisions of this Law, purchases, processes, and transports woods in full awareness of their illegal origins such as illegal felling or wanton deforestation, shall be ordered by the competent authorities of forestry of the people's government at or above the county level to cease the illegal activities and confiscated of the woods illegally purchased, processed, and transported or the income from sale, and may be imposed a fine with no more than three times of the price of the woods illegally purchased, processed, and transported.
Article 79 Anyone who, in violation of the provisions of this Law, fails to complete forest regeneration tasks, shall be ordered by the competent authorities of forestry of the people's government at or above the county level to complete the task within a prescribed period; in the case of failure to complete within the prescribed period, shall be imposed a fine of no more than two times of the expense necessary for the remaining task; and administrative sanctions shall be imposed on the principals in direct charge and other directly liable persons in accordance with law.
Article 80 Anyone who, in violation of the provisions of this Law, refuses or obstructs supervision and inspection by the competent authorities of forestry of any people's government at or above the county level in accordance with law, may be imposed a fine of not more than 50,000 yuan, and in serious cases, may be ordered to suspend production and business for rectification.
Article 81 In the case of any of the following circumstances in violation of the provisions of this Law, the competent authority of forestry of the people's government at or above the county level shall organize performance of obligations on behalf of the violator in accordance with law at the expense of the violator:
(1) Refusing to restore vegetation and forestry production conditions, or the restoration of vegetation and forestry production conditions does not conform with the relevant provisions of the State; or
(2) Refusing to replant trees, or the replanting does not conform with the relevant provisions of the State.
The standards for restoring vegetation and forestry production conditions and replanting woods shall be formulated by the competent authorities of forestry of the people's governments at or above the provincial level.
Article 82 The competent authorities of public security may, according to the relevant regulations of the State, exercise the power of administrative penalty prescribed in paragraph 1 of Article 74 and Articles 76, 77, and 78 of this Law.
Anyone whose violation of the provisions of this Law constitutes a violation of public security administration shall be imposed administrative penalty in accordance with law; and where a crime is constituted, the violator shall be held criminally liable in accordance with law.
Chapter IX
Supplementary Provisions
Article 83 For the purposes of this Law, the following terms have the following meanings:
(1) "Forests" include arbor forests, bamboo forests, and shrub forests specified by the State. Forests may be classified according to their functions as protection forests, special-purpose forests, timber forests, economic forests, and energy forests.
(2) "Woods" include trees and bamboo.
(3) "Forest lands" refer to the lands for the development of forestry as designated by the plans of the people's government at or above the county level, including arbor forest lands with a canopy density of not less than 0.2 as well as bamboo forest lands, shrub forest lands, sparse forest lands, harvested lands, burned areas, non-mature forestation lands, and nursery lands.
Article 84 This Law shall enter into force on July 1, 2020.