Measures for the administration of state-owned forest farms
Chapter I General Provisions
Article 1 In order to strengthen the management of state-owned forest farms, safeguard the legitimate rights and interests of state-owned forest farms, ensure the smooth reform of state-owned forest farms and promote the scientific development of state-owned forest farms, these measures are formulated in accordance with the Forest Law of People's Republic of China (PRC) and other relevant laws and regulations.
Article 2 The establishment, alteration, division, merger and cancellation of state-owned forest farms in People's Republic of China (PRC) and the management of state-owned forest farms shall abide by these measures.
The term "state-owned forest farm" as mentioned in these Measures refers to a forestry institution established by the state with independent legal personality and specializing in afforestation, forest cultivation, protection and utilization.
Article 3 The competent forestry authorities in the State Council shall be responsible for the management of state-owned forest farms throughout the country, and the specific work shall be the responsibility of the management institutions of state-owned forest farms.
The competent forestry authorities of the local people's governments at or above the county level shall be responsible for the management of their state-owned forest farms in accordance with the administrative affiliation, and the specific work shall be the responsibility of their state-owned forest farm management institutions.
Cross-regional (city) and county (city, district) state-owned forest farms are managed by cross-regional forestry authorities at the same level.
The main responsibilities of the fourth state-owned forest farm management institutions are:
(a) to formulate and implement the relevant laws and regulations of state-owned forest farms;
(two) coordinate the preparation of state-owned forest farm development planning;
(three) in conjunction with the resource management department to organize the preparation and approval of the forest management plan of state-owned forest farms and the design of forest harvesting and tending operations of state-owned forest farms;
(four) to review the establishment, alteration, division, merger and cancellation of state-owned forest farms;
(five) entrusted to supervise the forest resources assets of state-owned forest farms;
(six) commissioned by the state-owned forest farm forest resources assets evaluation approval or filing;
(seven) to guide, inspect and assess the production and business activities of state-owned forest farms;
(eight) other duties as prescribed by laws and regulations.
Article 5 State-owned forest farms implement the policy of "giving priority to forests, giving priority to ecology, rational utilization and sustainable development", and their main tasks are to cultivate and protect forest resources and safeguard national ecological security and wood safety; Carry out scientific experiments and technological innovations and popularize advanced technologies; Protect forestry ecological and cultural resources and promote the harmonious development between man and nature.
Sixth state-owned forest resources within the business scope of state-owned forest farms belong to the state and are managed by state-owned forest farms according to law. No unit or individual may expropriate, merge, occupy or destroy state-owned forest resources in any form.
Collective forest land and trees managed by state-owned forest farms should be clearly defined, and the stability of management areas and the legitimate rights and interests of forest right holders should be maintained according to law.
Seventh forestry authorities at or above the county level shall, in accordance with the administrative affiliation, organize the development planning of state-owned forest farms, and clarify the development direction, main tasks and construction objectives of state-owned forest farms. All forestry construction funds should be tilted to state-owned forest farms to support their development.
Eighth infrastructure construction of state-owned forest farms should be included in the capital construction planning of governments at all levels and the development planning of related industries.
Ninth to encourage state-owned forest farms to expand their business scope and scale in various ways.
Tenth forestry authorities at all levels should strengthen the training of cadres and workers in state-owned forest farms, and improve the comprehensive quality of cadres and workers in state-owned forest farms.
Chapter II Establishment, Alteration and Cancellation
The establishment of eleventh state-owned forest farms shall be examined or approved by the provincial forestry authorities, and reported to the the State Council forestry authorities for the record.
In areas with a large number of state-owned forest farms, a state-owned forest farm management bureau or general farm should be established to organize the production and operation of state-owned forest farms in a unified way.
Twelfth newly established state-owned forest farms should have clear forest land ownership, clear boundaries, and legal and effective forest land ownership certification materials.
Thirteenth state-owned forest farms shall be registered as legal persons according to law after they are approved to be established.
Fourteenth state-owned forest farm business scope and affiliation, should remain stable, shall not be changed without authorization; If it is really necessary to split, merge, cancel, change the business scope or change the affiliation, it shall be reported to the original examination and approval authority for examination and approval according to the original examination and approval procedures.
In case of division, merger, cancellation, change of business scope or change of affiliation of state-owned forest farms, resource evaluation and economic audit shall be conducted, creditor's rights and debts shall be cleared up according to law, responsibilities shall be clearly divided, and forest resources and other state-owned assets shall be protected.
Fifteenth state-owned forest farms holding enterprises or joint-stock forest farms, in line with the provisions of article twelfth of these measures, approved by the competent forestry authorities at or above the provincial level, can be included in the series management of state-owned forest farms.
Chapter III Management and Protection of Forest Resources
Sixteenth state-owned forest farms should protect and rationally utilize forest resources according to law, and safeguard national ecological security and timber safety. Conditional forest farms can take the form of leasing collective forest land for afforestation and expand the scale of forest resources. Lease of collective forest land shall sign a written lease contract, clarify the rights and obligations of both parties, and protect the legitimate rights and interests of both parties.
Seventeenth state-owned forest farms should vigorously promote advanced and practical new forestry technologies, speed up the tending of young and middle-aged forests, vigorously develop precious timber species, actively cultivate large-diameter trees, and continuously improve the quality of forest resources.
Eighteenth state-owned forest farms shall, in accordance with the provisions of the state, carry out forest resources investigation, establish forest resources archives, improve the dynamic monitoring system of forest resources, and grasp the development and changes of forest resources.
Nineteenth state-owned forest farms shall, according to the overall requirements of forestry long-term development planning, forest land protection and utilization planning and forestry classified management, combine the actual situation on the spot to prepare forest management plans, and report them to the competent forestry authorities at or above the county level for approval before implementation. Among them, cross-regional (city) state-owned forest farms, provincial state-owned forest farms and public welfare forests above the provincial level occupy more than 50% of the forest area of state-owned forest farms, and the forest management plan shall be examined and approved by the forestry authorities above the provincial level.
The adjustment of forest management plan shall be submitted to the original approval authority for examination and approval.
State-owned forest farms should establish and improve forest management files.
Twentieth state-owned forest farms should strictly implement the national forest cutting quota, forest cutting license system and technical regulations for afforestation renewal, and carry out reforestation according to law. As a state-owned forest farm with a separate cutting quota, its annual cutting quota is listed separately by the provincial forestry authorities.
Twenty-first strictly control the occupation of state-owned forest farms by construction projects. Involving the occupation of state-owned forest land construction projects, the state-owned forest farm management institutions of forestry authorities at or above the provincial level shall participate in the feasibility assessment of the project.
Article 22 Forest parks, wetland parks, nature reserves, scenic spots and geological parks shall be established. Within the scope of state-owned forest farms, it shall be approved by the state-owned forest farm management institution of the competent forestry department at or above the provincial level, and submitted for approval according to the prescribed procedures. The establishment of scenic spots, geological parks, etc., shall not change the ownership of the right to use state-owned forest farms, and shall clarify the income distribution methods.
Article 23 State-owned forest farms should strengthen the protection of forest resources, make rational zoning, set up forest protection stations, improve forest protection organizations, equip forest protection personnel, clarify the responsibility of management and protection, and ensure the effectiveness of management and protection.
Twenty-fourth state-owned forest farms should strengthen the construction of forest fire prevention facilities and equipment, establish forest fire prevention organizations, set up professional forest fire fighting teams, formulate fire emergency plans, establish and improve various forest fire prevention systems, do a good job in fire source management, and organize fire fighting.
Twenty-fifth state-owned forest farms should be based on the needs of forest pest control, equipped with forest prevention and control technicians, strengthen the infrastructure of forest pest control, establish a quarantine forecast system, and strengthen forest pest control.
Twenty-sixth state-owned forest farms can be equipped with law enforcement personnel according to the needs of work, strengthen forest administrative law enforcement, and protect forest resources assets.
Twenty-seventh state-owned forest farms should protect wild plants within their management scope; Wild plants and ancient and famous trees under special state and local protection shall be registered, files shall be established and management shall be strengthened.
Twenty-eighth state-owned forest farms should protect the wild animals within their management scope; For wild animals under special state or local protection, corresponding protection measures should be taken to maintain their survival and breeding environment.
Twenty-ninth forest public security organs can set up public security agencies in state-owned forest farms according to the needs of their work to strengthen the protection of forest resources.
Chapter IV Rights and Obligations
Thirtieth state-owned forest farms shall enjoy the following management rights:
(a) according to the long-term forestry development plan and forest management plan, formulate the annual production and management plan, and determine the construction projects and production scale;
(two) according to the market demand in accordance with the law to operate and sell the production of wood, forest products and other products;
(three) to protect and rationally develop and utilize various resources within the business scope of state-owned forest farms according to law;
(four) unified management of forest parks, wetland parks, nature reserves, scenic spots and geological parks within its business scope according to law;
(five) according to the relevant provisions of the state and the needs of field work, to decide on the establishment of institutions, the deployment of personnel, the appointment and removal of cadres, the employment, the distribution of wages and bonuses;
(six) other rights stipulated by laws and regulations.
Thirty-first units and individuals engaged in production, management and other activities in state-owned forest farms shall obey the unified management of state-owned forest farms and abide by the relevant provisions of state-owned forest farms, and shall not damage the trees, facilities and equipment of state-owned forest farms.
Thirty-second any unit or individual shall not apportion and raise funds or collect fees from state-owned forest farms. State-owned forest farms have the right to refuse illegal fund-raising, fees and apportionment, and may appeal to relevant authorities according to law.
Thirty-third state-owned forest farms and other units and individuals have disputes over the ownership of forest land and trees, and both parties to the dispute shall settle them through consultation. If negotiation fails, it shall be handled by the people's government at or above the county level according to law. State-owned forest farms shall promptly report the dispute to the provincial forestry authorities.
Thirty-fourth state-owned forest farms should strengthen the protection and management of state-owned forest resources to ensure the steady growth of state-owned forest resources.
Thirty-fifth state-owned forest farms shall not provide any form of guarantee for other units and individuals with the assets of state-owned forest resources they operate.
Thirty-sixth state-owned forest farms should establish and improve the internal rules and regulations, and strictly implement independent economic accounting.
Thirty-seventh state-owned forest farms should strictly abide by the relevant state regulations on finance, taxation, labor and wages, and accept the supervision of financial, taxation, auditing and other organs.
Thirty-eighth state-owned forest farms should implement the relevant policies of social security for employees and participate in various social insurances in accordance with relevant regulations.
Chapter V Organizational Structure
Thirty-ninth state-owned forest farms implement the field capacity responsibility system.
The director of the state-owned forest farm is appointed, appointed or elected by the workers' congress. The specific mode of production shall be determined by the competent department. After the state-owned forest farm director is produced, it shall be reported to the provincial forestry authorities for the record.
Fortieth field director is responsible for the production, operation and management of state-owned forest farms and exercises the following functions and powers:
(1) Organizing the implementation of the business policy, long-term plan and annual plan of this website;
(two) to submit or decide on the establishment and adjustment of management institutions in this field;
(3) Appointing or dismissing management personnel to the administrative department according to law;
(four) the forest farm workers who should be appointed or removed by the administrative department according to law shall be reported to the administrative department for the record in accordance with the relevant provisions;
(five) to organize the formulation of important rules and regulations such as wage adjustment, the use of funds, and financial budget and final accounts. Submitted to the workers' congress for deliberation and decision on major issues such as employee welfare.
(six) to decide on the post responsibility system and the contract responsibility system.
(seven) other functions and powers that need to be exercised by the field director.
Forty-first state-owned forest farms implement the personnel management system of public institutions with the employment system and post management system as the main contents, and implement the income distribution system based on post performance pay. State-owned forest farms should combine the main tasks undertaken, scientifically set up posts, clarify job responsibilities and conditions, openly recruit personnel in accordance with relevant personnel policies, and implement competitive recruitment, merit-based employment, fixed remuneration for posts and contract management.
Forty-second state-owned forest farms should establish and improve the system of workers' congress or the system of workers' congress, and implement democratic management. The workers' congress is the basic form of democratic management of state-owned forest farms, and it is the institution for workers to exercise their democratic management rights. Major issues involving the interests of employees, such as the reform plan of state-owned forest farms, the salary adjustment plan and the housing allocation plan, shall be examined and approved by the workers' congress.
Forty-third state-owned forest farms should establish trade union organizations according to law, carry out trade union activities, and safeguard the legitimate rights and interests of workers.
Article 44 State-owned forest farms shall, according to the actual situation, set up corresponding financial, human resources, forest resources management, forest protection and fire prevention departments, management and protection stations (points) and observation platforms within their respective jurisdictions, and be equipped with corresponding personnel.
Forty-fifth state-owned forest sites run enterprises in accordance with the market mechanism, set up an independent legal entity to operate, forest farms perform the duties of investors and enjoy the rights and interests of owners.
Chapter VI Supplementary Provisions
Forty-sixth provincial forestry authorities can formulate measures for the management of state-owned forest farms in this area, and report to the competent forestry authorities in the State Council for the record.
Forty-seventh measures shall be interpreted by the competent forestry authorities in the State Council.
Article 48 These Measures shall be implemented as of the date of promulgation.