Regulations on Conversion of Farmland to Forests

(npc.gov.cn)     Updated : 2015-07-17

Chapter V Other Supporting Measures

Article 47The State shall protect the ownership of forests (grass) on the converted land enjoyed by those who convert their farmland to forests. For those who convert their farmland to forests on their own, the land management contractors have the ownership of the forests (grass) on the converted land. For persons converting farmland on commission of or in collaboration with other persons, the ownership of the forests (grass) on the converted land shall be determined as agreed in the contract.

Once farmland being converted to forests, the people's government at or above the county level shall issue forests (grass) ownership certificates in accordance with the relevant provisions of the Forestry Law or the Grassland Law to confirm the ownership and usufruct, and go through registration procedures for the change of land-use according to law. The land management contracts must be adjusted accordingly.

Article 48The period of the contracted land management right may be extended to 70 years after the farmland being converted to forest. Upon the expiration of such period, land management contractors may renew their contracts according to the provisions of the relevant laws and regulations.

The contracted land management right of converted farmland or afforested barren hills and wasteland may be inherited and transferred according to law.

Article 49Those who convert their farmland to forests are entitled to enjoy the preferential treatment in taxation according to the relevant provisions of the State, and the income obtained from special agricultural products after the farmland being converted to forests (grass) shall be exempted from special agricultural product tax according to the provisions of the State.

In case the counties (cities) where conversion of farmland to forests is carried out suffer from disasters, they shall be subsidized for the decrease in agriculture tax revenue by the treasury at a higher level in a manner of transfer payment; for those counties (cities) with real difficulties, appropriate subsidies shall be granted by the State treasury in a manner of transfer payment upon approval by the State Council.

Article 50Upon expiration of the duration for granting funds and grain subsidies, those who convert their farmland to forests may, upon approval of the relevant competent departments, harvest the trees owned by them according to law, provided that such harvesting does not cause damage to the overall ecological functions.

Article 51Local governments at various levels shall strengthen construction of capital farmland and agricultural infrastructure, increase investment, meliorate soil and slope farmland, improve land fertility and increase yield of per unit area with an aim to meet, in the long run, the demands for grain rations by those who convert their farmland to forests.

Article 52Local governments at various levels shall, in the light of the actual situation, strengthen the rural energy construction in respect of biogas, small-scale hydropower, solar energy and wind energy to meet the demands for energy by those who convert their farmland to forests.

Article 53Local governments at various levels shall adjust rural industrial structures, support leading enterprises, develop mainstay industries, explore employment opportunities, increase farmers' income, speed up development of small cities and towns, and smooth the progress of the gradual transfer of agricultural population to urban areas.

Article 54The State shall encourage eco-driven immigration during conversion of farmland to forests and provide proper subsidies for the immigrating households for their production and living facilities.

Article 55After conversion of farmland to forests is completed, the relevant local people's governments shall take measures including mountain closure, banning of grazing, and captive breeding to protect the achievements made in conversion of farmland to forest.

Article 56Conversion of farmland to forests shall be combined with the policies and measures for poverty alleviation through development, integrated agricultural development and soil and water conservation. All the project funds, regardless of their kinds, shall be taken into overall arrangement under the precondition that the funds be exclusively used for the set purpose so as to increase benefits of funds.