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Forest Policy, Legal and Institutional Framework

Information report

nfp-update of: PR China

Revised on: September 13, 2007

Author Dr. Jinlong Liu

Chinese Academy of Forestry (CAF). Beijing,

100091.

email [email protected]

On the basis of the informationprovided by:

Mr. Lu DeDivision Director, State ForestryAdministration (SFA)

Mr. Zhang Zhongtian: Deputy Division Director,

International Cooperation Department, SFA

Ms. Li Shuxin: Division Director, Policy Division,

SFA

Dr. Xiao Wenfa: Director, Research Institute of

Forest Environment and Protection, CAF;Dr. Cheng Xiaoqian, Program officer, TNC;

Dr. Jiang Chunqian: Professor, CAF

Dr. Cui Wushe: Project officer, Forestry Resource

Division, SFA

Mr. Chen Jiawen, Division Director, Finance and

Planning Department, SFA

Dr. Jiang Zeping, Professor, CAF.

Missing information

To be completed by/on:

Information related to forest law

Edited by/on Blanchez January 2008


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1. FOREST POLICYForest Policy Statement P1

Name: Decision on Accelerating Forest DevelopmentDate of endorsement: June 25th, 2003 by (governmental body): The Central CommunistParty Committee and the State Council

Additional information (if any) P1.Inf

noForest Policy Documentation electronic copy or web link P1.Doc

http://lky.ourhost.cn/issuance/UploadFile/2006614163312628.pdf

Main objectives of the Forest Policy P2

Chinas forestry overall objective can be summarised as: to increase forest resources,further strengthen overall functions of forest ecosystems, increase effective supply of

forest products and income of employees and farmers by means of good management of

existing forests, expansion of new plantations, and optimization of forestry structure.

The specific objectives are: to raise forest cover in China to over 19% by 2010 toalleviate soil and water erosion on major river basins and desertification in the key

areas suffering from sand and wind, thus bring overall deteriorating conditions

nationwide under initial control and rationalize the structure of the forest industry; to

increase forest cover to over 23% by 2020 to solve the major ecological problems in

some key regions, thus remarkably improve ecological conditions nationwide and

enhance forest industrial strength; to increase and sustain the forest cover to and at 26%

by 2050 to build a picturesque landscape, thus bring ecological condition into a

favourable cycle, alleviate the conflict between supply and demand of forest products

and establish a comparatively functional forest ecosystem and relatively developed

forest industrial system.


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FOREST FINANCE

Forest sector contribution to the economy Z1

Year % Share of Forestry in GDP

1999-2000 3.58%

2000-2001 3.73%

2001-2002 3.85%2002-2003 4.87%

2003-2004 4.31%

2006-2007 4.06%

Note: In 2006, the total output value of China's forestry industry exceeded 900 billion Yuan(118 billion U.S. dollars), which is about 4.06% of 2006 GDP.

Source of information Z1.Doc

Chinas Year Book on Forestry, 2006. Chinese Forestry Publishing House, Beijing.

Contribution of the public budget to forestry Z2

From the Central Governmental, about 50 billion Yuan (equivalents to 6.6 billion US$) hasbeen allocated to forestry sector annually in recent years.

Source of information Z2.Doc

www.sfmchina.cn

Mechanisms used for financing forestry development Z3

conditions, rational composition of arbor, shrub and grass species, and coordinated

development of urban and rural forestry;

To revitalize forestry by science and technology; To perfect legislative system and manage forests by law enforcement.

Additional information (if any) P3.Inf

Forestry Law Enforcement and Governance in China

Forestry Revenue Policy in China--What Has Happened and Why


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3.Market mechanism: ecotourism development;

Source of information Z3. Doc

no


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2. LEGISLATION

Current Forest Law or equivalent F1

Name: na

Date of enactment: by (governmental body):

Additional information (if any) F1.Inf

naRelevant document on forest law or equivalent F1.Doc

na

Main elements of the forest law F. 2

Please indicate with YES or NO - if the current forest law makes provision to implementthe following forest policy elements:

- Integrated approach to forest management, conservation and development(including sustainability concerns, ecological values and social interests) Yes

F2.1

- Management to entail sustainable multiple forest uses and benefits(including timber, fuel, food and other forest products, as well as biologicaldiversity and resources, protection of ecosystems and watersheds, recreationand tourism, and other environmental services such as carbon sequestration)

Yes F2.2

- Existence of adequate planning tools (in particular management plans) No F2.3- Existence of environmental and social impact assessments/audits (e.g.certification schemes)

No F2.4

- Transparent forest concessions and other contractual arrangements, withprovisions for accountability

Yes F2.5

- Community-based arrangements, decentralization of responsibilities anddevolution of powers to local actors

No F2.6

Other elements to be specified F2.7

Regulations of the forest law F3

1. Policy on Tenure and Ownership of Forest Land2 P li F H i Q


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Other national laws and regulations impacting the forestry sector F6

Law of the People's Republic of China on Environmental Protection Provision Law of the People's Republic of China on the Entry and Exit Animal and Plant

Quarantine Law on Energy Conservation of the People's Republic of China Law of the People's Republic of China on Water and Soil Conservation Law of the People's Republic of China on Desert Prevention and Transformation

http://www.sfmchina.cn/english/policy03.asp?id=176&did=355&downid=274

Law of the People's Republic of China on the Protection of Wildlifehttp://www.sfmchina.cn/issuance/UploadFile/20066168509966.pdf

International conventions relevant for forestry signed by the country F9

1. The Convention on International Trade in Endangered Species of Wild Fauna and Flora2. The International Tropical Timber Agreement (ITTA)3. The Convention on Climate Change4. the Convention on Biological Diversity5. Convention to Combat Desertification6. The Convention on Wetlands

International conventions country reports web links F9.Doc

Country reports - name Date of issue Links

China National Report On TheImplementation Of United NationsConvention To CombatDesertification And NationalAction Programme To CombatDesertification

April 2000 http://www.unccd.int/cop/reports/asia/national/2000/china-eng.pdf

China Biodiversity ConservationAction Plan

June 1994. http://english.biodiv.gov.cn/CBD1/200705/t20070515_103633.htm

3. INSTITUTIONAL FRAMEWORK


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Head of Forest Administration A1.2

Zhibang,Mr.Jia, Administrator

Mandate of the Forest Administration A1.3

please go to the following webpage:http://www.sfmchina.cn/english/Misson.asp?id=193&upid=174

Forest Administration Structure level of subordination A2

The State Forestry Administration is an agency responsible for forestry related work

directly under the State Council. The State Forestry Administration was established in

1999 to replace the Ministry of Forestry, which was set up in 1949, and is the highestgovernment agency responsible for forestry affairs.

Forest Administration Central level

A2.1

General Office

Department of Tree-Planting & Afforestation

Department of Forest Resources Management

Department of Wildlife Conservation

Department of Forest Police (Forest Fire ManagementOffice)

Department of Forest Policy & LegislationState

Council

StateForestry

Administr


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Forest Administration decentralized level

A2.2

see annex

Number and qualification of staff in Headquarters and in decentralized offices A3

Year:

Staff Centrelevel

provincial andcountry level

Total % > 50 yearsold

% offemale

Master degree andabove

150 2000 2150 1% 5%

BSc degree University level

600 20000 2600 5% 10%

Technical staff(school)

100 200,000 200,100 8% 25%

Forest guards - - - - -

(With best estimation by a few informants)

Forestry Education

Forestry education institutions E1

Institution Contact details

Beijing Forestry University www.bjfu.edu.cn

Northeast Forestry University www.nefu.edu.cnNanjing Forestry University www.njfu.edu.cn

Central South Forestry University www.csfu.edu.cn

Zhejiang Forestry University www.zjfu.edu.cn

Yunnan Forestry University www.yn.edu.cn

Additional information E1 Inf


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Forestry extension and outreach services

Forestry extension Services X1

Name Contact details Main activities

State Forestry Technical ExtensionStation and in line agencies inprovincial, county governments.

Implement and supervisenational forest policy in localarea, spread forestrytechnology, organize localforestry related training andother forestry managementundertaking.

Additional information Code X1.Inf

no

Other public institutions related to forestryOther public organizations involved in forestry I1

Name Mandate related to forestry

Ministry of China Landand Natural resource

To develop policies and regulations concerning cultivated land,especially those that protect and encourage the development ofcultivated land ; to enforce the control over the differentpurposes of land used for agriculture; to organize the protection

of capital farmland ; to administrate and supervise thedevelopment of unused land and cultivated land, landrevitalization and reclamation so as to ensure the increaseinstead of decrease of cultivated land ;

Ministry of WaterResource

undertake nationwide water and soil conservation andcoordinate the overall control of water and soil losses;formulate plans on engineering measures for water and soilconservation and organize the implementation of the plans;

organize activities of nationwide water and soil conservation inthe designated priority areas; organize the monitoring of waterand soil losses; and supervise the implementation of relevantlaws and regulations.

State EnvironmentalProtection Agency

Supervising the development and utilization activities of naturalresources with impact on natural environment major eco


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Chinese Academy ofSciences

To conduct research in basic and technological sciences; toundertake nationwide integrated surveys on natural resources

and ecological environment; to provide the country withscientific data and advice for governmental decision-making

Ministry of Finance Administering and supervising the central governmentexpenditures for economic development, the appropriation forcentral government financed projects, and funds fortechnological innovation and new product testing; managingcentral government funds for comprehensive development ofagriculture; formulating and supervising implementation ofGeneral Principles on Enterprise Accounting.

Committee ofDevelopment Planningand Reform

To carry out the strategy of sustainable development, study andformulate plans for resource conservation and comprehensiveutilization, participate in the formulation of ecologicalimprovement plans, put forward policies of resourceconservation and comprehensive utilization, and coordinate thesolution of major issues of ecological improvement and

resource conservation and comprehensive utilization; tocoordinate environmental protection.

b. Non public institutions

Private sector organizations (e.g. forest industry associations) S1

Name Contact address Area of activity/interest

China National ForestProduct IndustryAssociation

Building 25,Block 7, Hepingli,Beijing, PostCode: 100013

The objective of the Association is toprotect the common interest ofmember enterprises, towholeheartedly provide service formember enterprise, and to promotethe development of both theeconomy and the technology of thewhole trade.

China national forestindustry association

Address: No. 18 EastStreet , Hepingli,Dongcheng District,Beijing , ChinaPostcode: 100714

The objective of the Association is toProvide information ,establish forestindustry regulation and promotecollaboration between members ofthe association


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Annex decentralised organization

S t a t e F o r e s t r y

A d m i n is t r a t io n

S t a t e F o r e s t r y

T e c h n ic a l E x t e n s io n

P r o v i n c i a l

F o r e s tr y D e p a r tm e n t

P r e f e c t u r e

F o r e s tr y D e p a r t m e n t

F o r e s t r y B u r e a u

F o r e s t ry S t a t io n

S t a t e C o u n c i l

P r o v in c e

P r e f e c t u r e

C o u n t y

T o w n s h i p T o w n s h ip T E

C o u n ty T E

P r e fe c t u r e T E

P r o v i n c i a l T E

Key: Administrative control

Technical oversight

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