Chapter II Planning and Plan

Article 13Conversion of farmland to forests shall be planned in an overall way.

The overall planning for conversion of farmland to forests shall be compiled by the competent forestry administrative department of the State Council and, after coordination of the institution of western development of the State Council and being reviewed by the development planning department of the State Council, submitted to the State Council for approval before implementation.

The competent forestry administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government shall, according to the overall planning for conversion of farmland to forests and together with other relevant departments, compile the planning for conversion of farmland to forests within its administrative area and submit it to the relevant department of the State Council for the record after being approved by the people's government at the same level.

Article 14A planning for conversion of farmland to forests shall include the following main contents:

(1) scope, layout and key issues;

(2) duration, objectives and tasks;

(3) investment estimation and sources of funds;

(4) benefit analysis and assessment; and

(5) supporting measures.

Article 15The following farmland shall be covered by the planning for conversion of farmland to forests, and be converted to forests in a planned manner according to the ecological development requirements and the State financial resources:

(1) those seriously affected by soil and water erosion;

(2) those seriously affected by sandy desertification, salinization or rocky desertification; and

(3) those of ecological importance but with low and unstable grain yield.

Steep slope farmland in river headwater regions and on both sides of river valleys, those around the lakes and reservoirs, as well as farmland in regions of ecological importance subject to serious soil and water erosion and grave windy and sandy jeopardy shall be put on top priority in the planning for conversion of farmland to forests.

Article 16Farmland covered by capital farmland conservation programmes and farmland that has relatively good productive conditions with grain yield exceeding the State standard for grain subsidy for conversion of farmland to forests and that has no potential cause of soil and water erosion shall not be covered by the planning for conversion of farmland to forests. However, the farmland may be covered by the planning for conversion of farmland to forests if, for specific ecological conservation purpose, it has been excluded from the capital farmland conservation programme after approval by the State Council and in accordance with the procedures as stipulated in the relevant laws and administrative regulations.

The long-term livelihood requirements of the farmers whose farmland has been converted shall be taken into consideration in the compilation of the planning for conversion of farmland to forests.

Article 17The planning for conversion of farmland to forests shall be linked with the national economic and social development programme, the overall planning of the rural economic development and the overall planning of land-use, and shall be in coordination with the planning of environmental protection, soil and water conservation and desertification control.

Article 18Conversion of farmland to forests shall be carried out in accordance with the approved planning. No unauthorized change may be made to the planning for conversion of farmland to forests without the agreement of the original approval organ thereof.

Article 19The competent forestry administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government shall, according to the planning of conversion of farmland to forests and jointly with relevant departments, compile a proposal on the annual plan for conversion of farmland to forests within its administrative area for next year and upon approval of the people's government at the same level after being reviewed by the development planning department of the people's government at the same level, submit the proposal to the institution of western development, the forestry department and the development planning department of the State Council before August 31st every year. The competent forestry administrative department of the State Council shall, based on the proposals it has collected, compile a proposal on the national annual plan for conversion of farmland to forest, which, upon approval of the State Council after being coordinated by the institution for western region development of the State Council and examined and balanced by the development planning department of the State Council, shall be issued before October 31st by the development planning department of the State Council jointly with relevant departments.

The development planning department of the people's government of a province, autonomous region or municipality directly under the Central Government shall, jointly with relevant departments and based on the national annual plan for conversion of farmland to forest, break down the annual plan for conversion of farmland to forests within their respective administrative areas for next year and assign to relevant people's governments of counties (cities) before November 30th, and submit a report on the breakdown and assignment to the relevant departments of the State Council for the record.

Article 20The competent forestry administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government shall, according to the plan for conversion of farmland to forests issued by the State for next year and jointly with the relevant departments, compile the annual implementation plan for conversion of farmland to forests within its administrative area, which, after being reviewed by the competent forestry administrative department of the State Council, shall be submitted to the people's government at the same level for approval.

The competent forestry administrative department of the people's government at the county level may, according to the approved provincial annual implementation plan for conversion of farmland to forests, compile the annual implementation plan for conversion of farmland to forests within its administrative area, which shall be submitted to the people's government at the same level for approval, and shall be reported to the competent forestry administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government for the record.

Article 21An annual implementation plan for conversion of farmland to forests shall include the following main contents:

(1) specific region of conversion of farmland to forests;

(2) proportion of ecological forest and cash forest;

(3) species selection and vegetation structure;

(4) afforestation mode;

(5) supply method of seeds and seedlings;

(6) management and protection of vegetation with supplementary and supporting measures; and

(7) project director and technical persons in charge.

Article 22The competent forestry administrative departments of the people's governments at the county level shall designate professional staff or qualified designing units to compile operation design at the town and township level according to the annual implementation plan for conversion of farmland to forests, and associate the content defined in the implementation plan with the specific piece of land and the land management contractors.

In compiling the operation design, attention has to be paid to the arid and semi-arid regions where drought resistant species of shrub (grass) shall be planted and rehabilitation of original vegetation shall be made; perennial plants shall be used if intercropping pattern is adopted, and the initial planting density of the main tree species shall conform to the standards set by the State.

Article 23The area of ecological forest to be established on converted farmland, with a county as an accounting unit, shall not be less than 80% of the total area of the converted farmland.

The ecological forest established on the converted farmland shall be verified by the competent forestry administrative department of the local people's government at or above the county level in accordance with the standard set by the competent forestry administrative department of the State Council.