In order to implement the spirit of DocumentNo. Central 10 and the Opinions of Hebei Provincial Party Committee and Provincial People's Government on Further Deepening the Reform of Collective Forest Right System (J.F. [2009] No.20), carry out in-depth investigation and study on forest right transfer, further standardize the behavior of forest right transfer and safeguard the legitimate rights and interests of forestry operators, we organized a special investigation on forest right transfer in the whole province, and now the main situation is reported as follows:
First, the development process of forest right transfer in our province
In the 1980s, the state implemented the policy of reform and opening up and the rural land contract responsibility system. Most mountainous areas in our province are divided into hilly areas and hilly areas. Farmers plant trees in contracted hilly areas and hilly areas, and large forestry contractors have appeared in some places. In plain areas, some farmers planted economic forests and fast-growing and high-yield forests on contracted land, and some places contracted collectively owned orchards to farmers for management, and the circulation of forest rights with the contract system as the main management form developed rapidly. Since 1986, with the transfer of forestry construction to engineering afforestation and the increasing demand for agricultural products, some farmers with economic strength began to buy or contract collectively owned "four barren" land, especially around 1990. Because of the high price of fruits, the government issued a series of preferential policies of auction and contracting, and vigorously developed economic forests became the mainstream of forestry production at that time. In 2006, the reform of collective forest right system with "clear property rights" as the core was launched in our province, and the forest right was implemented to farmers or villagers' groups through "sharing mountains", "sharing profits" and "shares", and the forest right circulation with household contract, large household contract and joint-stock cooperative system as the main business forms entered a new period of rapid development. According to statistics, up to now, there have been a total of12,250 cases of forest right transfer in the whole province after the forest reform, with an area of19.72 million mu, involving 760 million yuan.
Second, the main forms and characteristics of forest right transfer in our province
(1) contracting
Contracting is the most widely used way in the process of managing the "four barren" land and economic forest construction in our province, and it is also the main form of forest right transfer in our province at present. Mainly refers to the contractor contracting collective barren hills, wasteland or individual hilly land and responsibility mountain for afforestation and management. The contract term is generally 30-50 years, and some of them are extended to 70 years. In addition to paying the contract fee every year, all proceeds are owned by individuals. According to the nature of the contractor, it can be divided into household contract, large household contract, household contract, unit contract and unit plus farmer household contract. Some contractors are natural persons, others are farmers, legal persons or partnership organizations. This circulation mode generally appears in the contracting of large areas of wasteland suitable for forest and long sections of canals, dikes and roads. Li Guangtian, Huamu Village, Shahe City, contracted 3,000 mu of sandy land and barren hills, and invested more than 2 million yuan in planting apples and chestnuts, interplanting medicinal materials and running farms. At present, the annual net income reaches 654.38 million yuan. The highway management station in Neiqiu County signed a 50-year contract with Nansai Village in Neiqiu County, and contracted 5,000 mu of barren hills. In the past seven years, * * * has invested 7 million yuan to plant 300,000 economic forests such as chestnut, Japanese sweet persimmon, walnut, China peach and apricot, and grafted 250,000 winter jujube. There are 3000 free-range chickens and 40000 fish on the contracted mountain. The "Queshan" brand stupid eggs produced now have registered trademarks and are very popular.
(2) Auction
Auction refers to the collective ownership of forest land and trees, according to their area or length, in a certain period of time, in the form of open bidding competition, one-time price sold to buyers, and signed a sales contract to clarify the rights, responsibilities and obligations of both parties. The acquirer shall operate and develop in accordance with laws, regulations and policies, operate and manage independently, enjoy the right of forest ownership, product disposal and income distribution, and allow transfer, sublease and inheritance during the acquisition period. The auction system embodies the principle of "fairness, justice and openness" to a great extent, which is quite popular among the masses. In this form of transfer, the transaction price is generally higher than the reserve price, which is conducive to maximizing the value of collective forest resources assets. Lincheng county has 6 provincial units, 8 municipal units, 26 county-level units, factories and mines, established more than 30 greening entities, purchased barren hills by auction, and achieved high-standard afforestation of 6.5438+0.5 million mu. In the process of forest reform, Xiadahudian Village, Xiaoyingzi Town, Qinglong County auctioned 90 1 mu barren hills collectively owned by the village to 36 households. After 70 years of use right, the village collectively collected 6.5438+0.6 million yuan of contract money, all of which were used for the construction of ecological and civilized villages. Everyone in the village reduced the fund-raising for public welfare projects in 200 yuan.
(3) Mortgage
Mortgage means that the owner of forest right takes ownership or use right as the guarantee of creditor's rights without transferring ownership or use right. When he can't fulfill the due debt, the mortgagee can dispose of the ownership or the right to use according to law, and the proceeds will give priority to compensation, so that the subject of ownership or the right to use will change. Forest right mortgage loan turns the "dead capital" in the hands of forest right owners into living capital, which can help solve the problem of farmers' production demand. From the current reality of the whole province, mortgage loan is the most extensive, active and popular circulation mode for farmers. All aspects also support forest right mortgage loan. Our province has successively issued "Management Measures for Forest Right Mortgage Loan of Rural Credit Cooperatives in Hebei Province (Trial)" and "Guiding Opinions on Promoting Forest Right Mortgage Loan", and Langfang City has also issued "Implementation Opinions on Strengthening Forest Right Mortgage Loan to Promote the Reform of Collective Forest Right System", with a total of 222,000 mu of forest land mortgaged and a loan amount of 3 1 10,000 yuan. The amount of forest right mortgage loans in Zhuolu and Chicheng counties of Zhangjiakou alone is close to 70 million yuan, and the amount of mortgage loans in 13 counties of the whole province exceeds100000 yuan.
joint stock partnership
Joint-stock cooperative system is a new management form developed by drawing lessons from the successful experience of enterprise management system in the process of forestry economic system reform. Generally, it exists in the form of an enterprise, and the forest right holder takes its ownership or use right as capital to become a shareholder. Most of the joint-stock cooperative forestry is formed spontaneously in practice, and the specific operation measures are formulated by the parties concerned. Practices vary widely, mainly including state-owned enterprises and institutions and collectives, large-scale forestry contracting enterprises, companies and companies or companies and foreign investors and other forms of joint-stock cooperation. Lincheng County "Lvling Fruit Industry Co., Ltd." invested 48 shares by the employees of the former county telecommunications bureau, raised more than 4 million yuan, contracted 4,000 mu of barren hills, planted walnuts, planted pasture and raised chickens, developed in a three-dimensional way, and built an ecological high-tech value-added and efficient forest orchard area. In recent years, the annual net income 1 10,000 yuan or more. At the same time, the company has established a board of directors and a board of supervisors, which are carried out in full accordance with the requirements of modern enterprises.
(5) lease
Lease means that investors pay forest land use fees or forest resource use fees to units or individuals with forest rights once a year or several years. The rent varies, and the lease period is generally 30-50 years. During the lease period, the ownership of trees and forest land remains unchanged. The lessee enjoys the right to use forest land or the ownership of forest trees for a certain period of time, and operates independently on the basis of the unified planning of the forestry department, and all the proceeds belong to the lessee. Zhangjiakou Chen Rong Economic and Trade Industrial Company leased 1.800 mu of wasteland in Xiaoqiying Village, Xiaonan new castle Township, Huailai County, invested in the development of the grape base, signed a lease contract with the village collective and notarized it. Now it has invested 20 million yuan to plant 600,000 grapes, built a winery with an annual output of 4 million tons, and formed a modern ecological manor integrating grape planting, brewing, marketing and sightseeing.
(6) Other forms
According to the survey, there are many forms of forest right transfer, such as village investment family management, enterprise+farmer, subcontracting individual management, state subsidies and so on. In particular, the business form of enterprise+farmer, that is, "commodity order forestry" or "contract order forestry", is a development trend of building commercial forests and economic forests in plain areas, and it is also an effective form to protect the interests of both parties in the form of contracts and promote intensive management and scientific management of forestry. Quzhou county Hebei Cyberboard Co., Ltd. signed a contract with farmers for the construction of fast-growing and high-yield forests, which clarified the responsibilities and obligations of both parties. The company provides a certain proportion of seedlings (1/2- 1/3) and buys qualified timber at a price not lower than the market protection price. Farmers are responsible for planting and management, and seedlings are deducted by enterprises when selling products.
Third, the significance of forest right transfer
(A) increase forestry financing channels
Through the transfer of forest rights, the main body of forest management has been implemented and the enthusiasm of society to invest in forestry construction has been mobilized. Farmers can not only develop their own forestry, but also transfer their own forest land through various forms such as transfer, contracting and leasing, so that other forces with more economic ability and technical level can manage forestry production. After the transfer of forest rights, investors include farmers, urban residents, employees of enterprises and institutions, private owners, and even enterprises and institutions and foreign capital. A large number of social funds have flowed to forestry development, which has formed a situation of joint efforts of the state, the collective and the individual, and injected new vitality into forestry development. From 2007 to 2009, the non-public afforestation area in Shexian County was 83,000 mu, and leading non-public enterprises such as Li San, San Zhen and Huang Jinlong were also developed. Non-public ownership economy directly participates in many fields such as seedling raising, afforestation, forest land economy, forest product processing, forest management and so on, which has injected new vitality into the economic development of Shexian forestry industry.
(B) to promote farmers to increase their income and get rich
Through the transfer of forest land use right, farmers have really invested a lot in forest land, carefully managed and cut it reasonably, which has increased their income. In 2009, the total forestry income of farmers in Chicheng County was 250 million yuan, 6.6 times that of the past. In addition, the transfer of forest rights can also revitalize forest land and "four barren" land resources, realize forestry efficiency and increase farmers' income. The village collective transfers the forest land, "four barren" land and other resources in the village. On the one hand, farmers can share the rental income, and they can continue to plant under the forest or participate in afforestation to get labor costs, which can be described as killing two birds with one stone. Zhao Qiusheng, a villager from Taipingyu, Xiling Town, Yixian County, contracted 100 mu of barren hills for 30 years, planting mopan persimmon and Robinia pseudoacacia, and planting medicinal materials under the forest. The annual income of medicinal materials is several thousand yuan, and Mopan persimmon can be harvested and sold after five years. It is not a problem to recover the investment and get the income.
(C) improve the level of forestry management
Forestry production cycle is relatively long. In the past, in many places, due to the unclear subject of forest land property rights, separation of responsibilities and rights, and lack of effective interest-driven mechanism, forestry management was extensive, inefficient, and resources were wasted. After the transfer of forest rights, due to the clear property rights and the unity of responsibilities and rights, the enthusiasm of operators has been greatly improved and the economic benefits have been significantly improved. Many people in Zanhuang county often go to the forestry department to consult the forest fruit technology, policies and information on developing the under-forest industry, etc. The management level and market awareness of fruit farmers in the county have been significantly improved. In 2009, 430,000 mu of orchards in the county achieved green and pollution-free production, and the high-quality fruit rate reached over 85%. Forest farmers have changed from "dare not invest" to "willing to invest" in the development of forestry industry, and vigorously developed under-forest industries, wood processing, fruits, medicinal materials, forest tourism and other projects, which not only increased their own income, but also promoted the adjustment of rural industrial structure. Since 2007, Shexian county has developed an economic forest area of 6,543.8+0.5 million mu, planted 6,543.8+0.28 million walnuts and peppers, planted more than 5 million scattered fruit trees, developed an area of 26,000 mu of Chinese herbal medicines under the forest, and raised 200,000 chickens in a free-range way, and developed Dongshan Village "happy farmhouse", Jingdian Town Sanjie Village "picking garden" and Liaoning Province.
Four, the main problems in the current circulation of forest rights
(A) the forest right transfer system is not perfect. In the process of forest right transfer, although various places have explored such practices as "contracting at a fixed price" and "buying and selling forests", and transferred forest land use rights and forest ownership through bidding, auction and hanging, there is a lack of operational laws, regulations and policy support, which leads to the forest right transfer is still in the spontaneous stage. Although laws, regulations and policies such as Land Contract Law, Forest Law, Notice of the Central Committee of the Communist Party of China on Doing a Good Job in Transferring Farmers' Contracted Land Use Rights, and Implementation Opinions of State Forestry Administration on Strengthening the Management of Collective Forest Right Transfer have made principled provisions on forest right transfer, there are no supporting implementation rules. In terms of specific operations, all localities are still "crossing the river by feeling the stones", with small circulation scale and small circulation.
(2) The construction of forest right transfer service platform is not perfect. At present, 23 counties (cities) in our province have established forest right transfer service centers to provide services for forest right transfer and forest right mortgage loans, but they are far from meeting the needs of forest right transfer. Some key forestry counties and areas with large demand for forest right transfer have not yet established forest right transfer service centers, which restricts forest right transfer. The evaluation system of forest resources assets has not been established in the province, and there is a lack of qualified professional evaluation institutions and appraisers. At the same time, the current national regulations on evaluating the qualifications of institutions and personnel are out of touch with the actual work needs. The asset evaluation in forest right transfer is mostly a collegial evaluation attended by representatives of all parties. Although it has certain openness and rationality, it lacks legitimacy, accuracy and scientificity.
(3) The operation of forest right transfer is not standardized. In some places, the transfer of forest rights does not follow the procedures prescribed by law, and the operation is not standardized. The collective forest land contract is not publicized in advance in the collective economic organization, and is decided by the villagers' committee without the consent of more than 2/3 members of the villagers' meeting or more than 2/3 villagers' representatives; Transferred forest land has not been appraised by professional assets, and it is often negotiated by buyers and sellers, which leads to the low price of some transferred forest land and damages the interests of forest farmers. Some forest rights have not been registered and changed in the forestry department, and there are hidden disputes; In some places, the circulation contract is not standardized, the contents of the contract terms are not clear and comprehensive, and there are serious loopholes.
Verb (abbreviation of verb) countermeasures and suggestions
(1) Establish and improve the forest right transfer system. It is necessary to adhere to the principle of legality, voluntariness and compensation, and encourage the contracted management right of forest land and forest ownership to be subcontracted, leased, exchanged, transferred, subscribed, mortgaged or used as a condition of capital contribution cooperation, scientifically manage forest land, and improve forest quality and comprehensive benefits. Accelerate the promulgation of "Opinions of the People's Government of Hebei Province on Regulating the Management of Collective Forest Right Circulation" to guide the healthy and orderly development of forest right circulation. Accelerate the establishment and improvement of the tangible market of forest resources circulation, and all districts and cities should build forest right circulation management service centers to undertake the guidance and management of forest land and forest circulation; Key forestry counties should build county-level forest right transfer service centers, and villages should be equipped with specialized transfer information officers. Standardize trading rules, ensure fair trading, and provide quality services for trading.
(two) to strengthen the management of forest resources assets evaluation. It is suggested that the State Forestry Administration should first carry out the evaluation of forest resources assets, strive for the identification and management authorization of forest resources assets evaluation institutions, identify a group of forest resources assets evaluation experts from units with forest resources investigation qualifications, solve the problem that the relevant qualifications are out of line with the actual work requirements, strengthen the construction of forest resources assets evaluation institutions and teams, standardize the asset evaluation behavior in forest rights transfer, and safeguard the legitimate rights and interests of all parties to the transaction.
(3) Strengthen the circulation supervision mechanism. Establish a long-term supervision mechanism for forest right transfer, and effectively strengthen supervision and inspection of forest right transfer procedures, transfer contracts and transfer methods. And increase the punishment for fraud, malicious collusion, forced buying and selling, and safeguard the legitimate rights and interests of forest farmers from infringement.
(4) Improve the service guarantee system. Organize experts and scholars from colleges and universities, scientific research units, land and judicial departments regularly or irregularly, go deep into grass-roots units to conduct training and lectures, strengthen operators' study on forestry laws and regulations, policies, management and technology, guide them to carry out forestry production according to law, vigorously promote excellent varieties and advanced practical technologies, continuously increase scientific and technological content, and implement intensive management to improve economic benefits.
Policy and Regulation Department (Forestry Reform Office)
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