Forest Rights Certificate - What is a Forest Rights Certificate

Forest rights certificates are issued by local people's governments at or above the county level or the forestry department of the State Council in accordance with the "Forest Law" or the "Rural Land Contract Law" Relevant regulations and in accordance with relevant procedures, the ownership or use rights of state-owned and collectively-owned forests, woods and woodlands, individually owned forests and forest lands used shall be confirmed, registered and issued certificates.

According to the provisions of the "Regulations on the Implementation of the Forest Law", the format of ownership certificates for forests, trees and woodland is stipulated by the forestry department of the State Council. Starting from April 18, 2000, a nationally unified format and numbering certificate will be used. Forest rights certificate, this style has a green plastic outer cover, printed with the gilded national emblem and the words "The People's Republic of China and the National Forest Rights Certificate", the front page is overprinted with the "Special Seal for the Supervision and Production of Forest Rights Certificates of the State Forestry Administration", and the forests, woods, and woodlands in the certificate are In the status registration form, the forest land ownership rights holder, the forest land use rights rights holder, the forest or forest tree ownership rights holder, the forest or forest tree use right holders, the location of the forest land and the trees on it, the name of the small place, the forest class and sub-class where it is located, and the forest land are respectively registered. Area, main tree species, number of forest trees, forest species, forest land use period, forest land use termination date, forest land four seasons, etc. The certificate also contains change registration and forest, forest trees, and woodland four seasons range maps. The certificate shall be valid upon being stamped by the local people's government at or above the county level; forests, trees and woodlands belonging to the nationally owned key forest areas determined by the State Council shall be valid upon being stamped by the forestry administrative department of the State Council. Forest rights certificates (forest rights certificates, private mountain certificates, etc.) issued before April 18, 2000 are still valid.

Forest rights certificate - 2. What is a forest rights owner?

The forest rights owner refers to the owner of the forest, forest trees and forest land ownership or use rights. Ownership refers to the right to occupy, use, benefit from and dispose of forests, trees and woodland. The right to use refers to the right to use other people's forests, woods and woodland according to contracts or relevant regulations; the right to use is not ownership, nor is it the right to use in ownership, but a power separated from ownership and exercised by non-owners . Forest rights holders can be individuals, legal persons or other organizations.

According to the "Constitution", "Land Management Law" and "Rural Land Contract Law" and other legal provisions, my country's forestland implements socialist public ownership, that is, ownership by the whole people and collective ownership by the working people, and forestland cannot be bought or sold. The ownership of forest land and trees owned by the whole people (that is, owned by the state) is exercised by the State Council on behalf of the state, and the State Council is the owner of the ownership. The state allocates state-owned forest land and trees to enterprises, institutions, individuals or other organizations for free or transfers them with compensation in accordance with the law. Enterprises, institutions, individuals or other organizations are only the owners of the right to use the forest land and trees. Owners who have obtained forest land and forest use rights through free allocation have limited rights to use them. They only have legal management and income rights and cannot transfer the use rights. If it is really necessary to transfer, the transfer procedures for state-owned forest land and trees should be completed first and the transfer fee should be paid. After being transferred in accordance with the law, the transferee may transfer part or all of the use rights for the remaining period of the transfer period to a third party in accordance with the law. When state-owned forestry enterprises and institutions implement forest land use rights and forest management rights to their internal employees through the establishment of management and protection responsibility systems and other forms for the forest land and trees within their business scope, it is a labor relationship. Their forest rights have not changed, and the forest rights have not changed. The rights holder has not changed.

The state implements a rural land contract management system for forestland owned collectively by farmers and owned by the state and used collectively by farmers in accordance with the law, as well as other land used for agriculture in accordance with the law. Rural forestland contracting adopts the household contracting method within rural collective economic organizations. Barren hills, ditches, hills, deserted beaches and other suitable forest lands that are not suitable for household contracting can be contracted through bidding, auction, and public consultation. After rural forestland is contracted, the ownership nature of the forestland remains unchanged, but the use rights change. The owner of the forest land is the contractor, and the owner of the forest land use rights and the owner of the trees on the forest land are the contractor. After rural forestland is contracted, it can be transferred according to law.

If the household contract is transferred or exchanged in accordance with the law, a new contracting relationship is established, the forest land use rights and forest tree ownership change, and the forest rights owner changes; if it is subcontracted or leased to a third party in accordance with the law, the contracting relationship between the contractor and the contracting party shall not change. Changes, forest rights holders will not change. If rural barren mountains, barren ditches, barren hills, barren beaches and other land suitable for forestation are contracted through bidding, auction, public consultation, etc., and the forest land rights certificate is obtained after legal registration, the forest land contract management rights can be transferred, leased, invested in shares, mortgaged or otherwise in accordance with the law. Method

Transfer; if it is transferred in accordance with the law, a new contracting relationship will be established, the forest land use rights and forest tree ownership will change, and the forest rights owner will change; if it is leased or invested in accordance with the law, the contracting relationship between the contractor and the contracting party will remain unchanged. , the forest right holder will also remain unchanged; if it is mortgaged according to law, the possession, use and income rights of the forest land and forest trees will not be transferred during the mortgage period, the forest land use rights and forest tree ownership will remain unchanged, and the forest rights holder will also remain unchanged; when the mortgagor cannot When paying due debts, after the mortgagee disposes of the forest land use rights and forest tree ownership in accordance with the law and receives priority payment with the proceeds, the forest land use rights and forest tree ownership will change, and the forest rights owner will change.

Forest Rights Certificate - Three How to Obtain Forest Rights Certificate 1. Application for forest rights registration

Forest rights registration is divided into initial registration, change registration and cancellation registration. To change the ownership and use rights of forests, trees and forest land, the change registration procedures must be completed in accordance with the law. To change registration or cancel registration, a registration application must be submitted to the forestry administrative department of the initial registration authority.

If the forest rights holder is an individual, he or his legal agent or authorized agent shall submit an application for forest rights registration; if the forest rights holder is a legal person or other organization, his legal representative or person in charge shall Or the entrusted agent files an application for forest rights registration.

Units that use forests, trees and woodland in nationally owned key forest areas determined by the State Council in accordance with the law shall apply for forest rights registration to the forestry department of the State Council, and the forestry department of the State Council shall confirm the forest rights and register the forest rights. Units and individuals that use state-owned forests, trees and woodlands across administrative regions in accordance with the law shall submit a registration application to the forestry department of the corresponding superior people's government, and the forest rights shall be confirmed by the people's government. , registration is made, and certificates are issued; units and individuals that use other forests, woods and forest lands owned by the state in accordance with the law shall submit a registration application to the forestry department of the local people's government at or above the county level, and the local people's government at or above the county level shall confirm the forest rights. Registration and registration shall be made, and certificates shall be issued; state-owned forests, woods and woodlands with undetermined use rights shall be registered and registered by the people's governments at or above the county level and shall be responsible for protection and management.

For collectively owned forests, trees and woodland, the owner shall submit a registration application to the forestry department of the people's government at the county level where the place is located, and the people's government at the county level shall confirm the ownership, register and issue a certificate. Forests owned by units and individuals must submit a registration application to the forestry department of the county-level people's government where they are located, and the county-level people's government will confirm the ownership of the trees, register them, and issue certificates. Units and individuals that use collectively owned forests, trees and woodland shall submit a registration application to the forestry department of the people's government at the county level where they are located, and the county-level people's government will register and issue a certificate to confirm the right to use the forest, trees and woodland. .

2. Materials required for registration application

When a forest rights owner applies for initial registration, he or she must submit the following materials: (1) Forest rights registration application form; (2) Personal identity Certificate, qualification certificate of a legal person or other organization, identity certificate of the legal representative or person in charge, identity certificate of the legal agent or authorized agent, and a power of attorney stating the entrusted matters and entrusted authority; (3) The forest, Documents proving the ownership of forest trees and forest land; (4) Other relevant documents required by the forestry administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government.

When the forest rights owner proposes to change or cancel the registration, he should submit the following materials: (1) Forest rights registration application form; (2) Forest rights certificate; (3) Relevant certificates of forest rights change or loss in accordance with the law document.

3. Procedures for forest rights registration and certification

The forestry departments of the people's governments at all levels are the agencies that accept applications for forest rights registration and perform corresponding duties in accordance with the law.

Before the dispute over the ownership of trees and forest land is resolved, no party may cut down the disputed trees. If indiscriminate deforestation occurs, forest farmers can report it to the Public Security Section of the local forestry department to stop it.

The state protects the legitimate rights and interests of forest farmers, reduces the burden on forest farmers in accordance with the law, prohibits illegal fees and fines from forest farmers, and prohibits apportionment and forced fund-raising from forest farmers. Forest Rights Certificate - The Validity of Forest Rights Certificates and Confirmation of the "Four Rights" of Forest Rights Certification my country's current laws and regulations on forest rights usually refer to the ownership or use rights of forests, trees and forest land as forest rights in short. Forest rights refer to the legal rights of citizens, legal persons or other organizations to possess, use, benefit from or dispose of forests, trees and forest lands. It can be seen from this definition that forest rights are rights with forests, trees and woodland as the object. All rights related to the possession, use, benefit or disposal of forests, trees and woodlands can be included in the category of forest rights. .

Forest Rights Certificate - 1. The functions and effects of forest rights certificates

Forest Rights Certificates - (1) The functions of forest rights certificates

The forest rights certificates mainly include the following six Its functions:

(1) Protect the legitimate rights and interests of forest rights certificate holders;

(2) The main basis for mediating forest rights disputes;

( 3) Necessary conditions for forest land acquisition and forest land transfer;

(4) Requirements for applying for forest harvesting;

(5) Basis for clear property rights;

(6) Vouchers for asset appraisal, share pricing, and mortgage.

Forest Rights Certificate - (2) The validity of the forest rights certificate

The "Forest Rights Certificate" is registered and issued by the local people's government at or above the county level in accordance with the law, and is held by the right holder to confirm the forest, Legal evidence of ownership or use rights to trees and forest land. By holding a "Forest Rights Certificate" in accordance with the law, the obligee has the ownership or right to use the forests, trees, and woodland within the scope recorded in the forest rights certificate. Article 3 of my country's "Forest Law" stipulates: "The legitimate rights and interests of owners and users of forests, trees, and forest lands are protected by law and may not be infringed upon by any unit or individual." Article 3 of the "Regulations on the Implementation of the Forest Law" also stipulates that "the state implements a registration and certification system for forests, trees and woodlands in accordance with the law. The ownership and use rights of forests, trees and woodlands registered in accordance with the law are protected by law and may not be infringed by any unit or individual." Therefore, as long as you have a "Forest Rights Certificate" in accordance with the law, you can be protected by the law and claim your own rights. At the same time, in accordance with my country's current "Land Management Law", the registration and issuance of forest land ownership or use rights shall be carried out in accordance with the provisions of the "Forest Law". Local people's governments at or above the county level shall comply with the relevant provisions of the "Forest Law". The certificate issued by regulations to determine the ownership or use rights of forest land is the certificate regarding the ownership or use rights of the land. The forest rights certificate issued by the people's government at or above the county level is not only a legal certificate of forest and forest tree ownership, but also a valid legal certificate of forest land ownership.

Forest Rights Certificate - 2. Determination of the rights holders of the "four rights" in the Forest Rights Certificate Forest Rights Certificate - (1) Forest land ownership rights holders

According to the "Forest Law", "Rural Land" According to relevant laws such as the Contract Law, forestland ownership is divided into state ownership and collective ownership. In rural areas of my country, forestland resources are collectively owned. In fact, in some villages, the ownership of forest land is held by village collectives, and in other cases, by collectives. Regarding the villagers’ understanding of the ownership of the forestland, they believe that it belongs to them during the contract (auction) period. This shows that they are unclear about the ownership of the forestland. Because villagers have different understandings of forestland ownership, their management ideas will be very different. For example, some villagers believe that the forest land is their own, and they use the forest land in ways that exceed their authority, such as changing the use of the forest land without authorization. As for the determination of forest land ownership, it is generally based on the "mountain rights" units that have been clearly signed during the "three determinations" of forestry in 1982 at the beginning of the reform and opening up. Now when forest rights are registered, the ownership of forest land is generally determined based on the "three determinations" According to the current source of rights, forest land ownership rights holders are given the right to register and renew forest rights.

Forest rights certificate - (2) Forest land use rights holders

According to the principle of paid use of forest land, any unit or individual using national or collective forest land must sign a contract with the forest land ownership right holder Forest land use contracts, obtaining the right to use logging marks, burned areas, barren hills, wastelands and other forest lands, and building trees on the forest land, and the trees created by illegally occupying national or collective forest land cannot be simply recognized as owned by individuals. It is necessary to sign a contract with the owner of the forest land, obtain the corresponding forest land use rights, determine the responsibilities and rights of both parties, clarify the forest land use rights and forest tree ownership, strictly abide by the contract, forest land use fees must be paid, and the standards for villagers' collective forest land use fees and In principle, the form of payment shall be determined through democratic consultation by villagers, unless otherwise stipulated by the local government. Forest land use rights can only be obtained based on a legal forest land use contract.

Generally, forest land use rights change with changes in forest ownership. However, there are also situations where forest land use rights and forest tree ownership are separated. There are only forest land use rights but no forest tree ownership. For example, if a collectively owned forest land is contracted for understory forest frog breeding and wild vegetable and medicinal planting, the right to use the forest land belongs to the contractor, but the ownership of the forest land remains with the collective.

Forest rights certificate - (3) Owners of forest or forest ownership rights

If state-owned barren hills suitable for forestation are afforestation by state-owned units, or if afforestation is contracted by units or individuals providing funds from the state, the other The ownership of forest trees belongs to the state;

If the state-owned barren hills suitable for forestation are contracted for afforestation with self-raised funds by units or individuals, the ownership of the trees belongs to the contractor; if the forest is afforestation in the form of cooperation, joint venture, etc., it shall be implemented according to the contract;

If the state-owned barren hills suitable for forestation are leased or purchased by units or individuals for afforestation, the ownership of the forest trees belongs to the leaser or purchaser;

The collectively owned barren hills suitable for forestation are organized by the collective economic organization If afforestation is established or contracted by units or individuals with funds provided by collective economic organizations, the ownership of the trees belongs to the collective; It is owned by the contractor; if afforestation is carried out in the form of cooperation, joint venture, etc., the contract shall be implemented;

If the collectively owned barren hills suitable for forestation are leased or purchased by units and individuals for afforestation, the ownership of the forest trees belongs to the leased or purchased owned by the villagers;

If villagers afforestation on their own hills, the ownership of the forest trees belongs to the villagers. If a self-retained mountain that has been allocated to villagers for afforestation has not been afforestation within the time limit decided by the rural collective economic organization or village committee, and the forest is constructed by the collective organization, the ownership of the forest trees shall belong to the collective;

Through legal channels, such as bidding , or transferred by others, the ownership of the forest trees belongs to the winning bidder.

Forest rights certificate - (4) Forest or forest use rights. Forest use rights generally change with changes in forest ownership. That is, with forest ownership, you have forest use rights. There are also times when forest ownership and forest use rights are separated. That is when the owner of the forest ownership rights transfers the forest use rights to others in some form. For example, villager A contracts the fruit mountain he planted to villager B for a certain number of years. When the fruit mountain is returned to Person A, the ownership of the forest trees is still owned by Person A, and the rights to use the forest trees have changed. At the same time, the rights to use the forest land have changed accordingly. The rights to use the trees and the rights to use the forest land belong to Person B accordingly.

In summary, forest rights certificates, like land use certificates and real estate certificates, are the legal basis for rights owners to enjoy their rights, and are the legal protection that national laws give forest rights rights holders.

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