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1.The ownership of forests and woods and woodlands is not disputed.
2.The boundaries are clear. The signs are obvious, and there is a boundary recognition agreement or allocation letter with the adjacent units.
3.The registration documents and floor information of the area and the boundary line are consistent with the facts.
4.The relevant charts are complete and the materials are complete.
5.Evidence of ownership or right to use.
6.Other relevant materials that shall be submitted as prescribed by the receiving department.
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Procedures for handling forest tenure certificates.
1. Application: The forest right unit (or individual) shall first submit an application, fill in the application form for forest right registration (signed by the township and village levels, and affixed with the official seal), and submit relevant supporting materials in accordance with the regulations.
2. Preliminary examination: After the preliminary examination by the registration authority, if it meets the requirements, it will be accepted, and if it does not meet the requirements, it will be returned or required to supplement the materials after explaining the reasons.
3. Announcement: For the application that has been accepted, the announcement shall be made in the village (group) as a unit, and the announcement period shall be 30 days, and the announcement shall include the applicant, the right to apply, the location of the forest land (small place name), the area, the four to, the tree species, the period of use, etc.
4. Examination: The competent forestry department shall conduct on-site investigation of the application accepted by the preliminary examination, and draw a map of the location of forest rights after further investigation and verification.
5. Registration: The application that meets the requirements after examination shall be registered within three months from the date of acceptance, and the objection shall not be registered.
6. Issuance of certificates: After registration, the application shall be printed and filled in by the registration authority and issued after being stamped with the seal of the people's ** and forestry authorities at or above the county level.
7. Archiving: Establish forest rights archives for forest rights that have been registered and issued, and archive materials include application forms, survey forms, publicity forms, certificate registration forms and other relevant recording materials.
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The forest owners of collective units or individuals shall apply to the competent forestry authorities at the county level where they are located, and meet the following conditions and provide the following materials:
1. There is no dispute about the ownership of forests, woods and woodlands.
2. The boundary is clear, the signs are obvious, and the adjacent units have a recognition agreement or allocation letter, 3. The registration documents and drawings of the area and the boundary line are combined with the field 4. The relevant charts are complete and the materials are complete.
5. Evidence of ownership or right to use.
6. Other relevant materials that should be submitted by the management department.
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Legal analysis: 1. Submit an application. An application is made to the Forestry Station by the owner or user of the forest, woods, woodlands. The applicant shall fill in the Application Form for Registration of Forest Rights of Forest Land.
2. The list is announced. After accepting the application, the township forestry station shall fill in the "Forest Rights Registration and Announcement Form" for 10 days.
3. On-site verification. After the announcement that there is no objection, the forestry team of the county forestry bureau and the township forestry station will organize technical personnel to conduct on-site mapping and verification (new afforestation will take more than 2 years).
4. Announcement of the list. After the on-site verification is completed, the township (town) forestry station shall fill in the "Forest Land Forest Rights Registration In-situ Verification Publicity Form" and post it for 30 days.
5. Register. After the publicity has no objection, the applicant shall prepare the materials required for the registration and issuance of forest rights: a copy of the original form and a draft form of the Application Form for Forest Rights Registration; 1 copy of the "Forest Rights Registration Publicity Form" and "Forest Land Forest Rights Registration In-situ Verification Publicity Form"; Presentation certificate of forest, wood, and woodland issued by the township forestry station; Contracts for forests, woods and woodlands; Maps of forests, woods, and woodlands drawn by the county forestry survey team; Proof of identity of the legal representative or person in charge.
6. Issue certificates. After verification by the forestry government service unit, the director of the county forestry department in charge shall sign the opinion and report to the county people** to issue the forest right certificate.
Legal basis: Forest Law of the People's Republic of China
Article 2 This Law shall apply to the protection, cultivation and utilization of forests and woods and the management of forests, woods and woodlands within the territory of the People's Republic of China.
Article 3 The protection, cultivation and utilization of forest resources shall respect nature, conform to nature, and adhere to the principles of ecological priority, protection priority, combination of conservation and sustainable development.
Article 4 The State implements a responsibility system and assessment and evaluation system for the protection and development of forest resources. The higher-level people's ** shall assess the completion of the forest resources protection and development goals and forest fire prevention and major forestry pest prevention and control work of the lower-level people, and make the assessment results public.
Local people can establish a forest chief system according to the needs of the protection and development of forest resources in their respective administrative regions.
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The procedures for handling forest tenure certificates are as follows:
1. If the collective or private new afforestation has been accepted by the competent forestry department and the survival rate is more than 80%, the forest owner shall submit a written application; The application materials are as follows:
1) Application form for forest right registration (the State Forestry Administration uniformly stipulates the style, and the forest right holder fills in the application according to the parcel, in triplicate);
2) Personal identity certificate, qualification certificate of legal person or other organization, identity certificate of legal person or entrusted person, and power of attorney indicating the matters entrusted and the authority of entrustment;
3) Certificate of ownership of forests, woods and forest lands applied for registration;
4) Provincial People's ** Forestry Authorities require the submission of other relevant documents;
5) If the forest right is changed, the forest right holder shall apply to the initial registration authority for the change of registration slip and submit the application form for forest right registration, the original forest right certificate, and the relevant supporting documents for the change of forest right according to law.
2. From the local forestry letter station to the on-site measurement, investigate the forest tree species, location, four to, location, slope, slope and other factors, and fill in the application form for forest right registration after passing the preliminary examination;
3. Report to the Forestry Administration of the Forestry Bureau for registration after passing the examination, and report to the city for issuance of the "Forest Right Certificate".
Legal basisArticle 18 of the Forest Law of the People's Republic of China.
Collective forest land that has not been contracted and the forest trees on the forest land shall be managed by the rural collective economic organizations in a unified manner. With the consent of more than two-thirds of the members of the villagers' meeting or more than two-thirds of the villagers' representatives of the members of the collective economic organization and publicizing it, the right to operate forest land, the ownership of forest trees and the right to use it may be transferred in accordance with the law through bidding, auction, public consultation, etc.
Article 19. A written contract shall be signed for the transfer of collective forest land management rights. The contract for the transfer of forest land management rights generally includes the rights and obligations of both parties to the transfer, the period of circulation, the price and payment method of circulation, the disposal of trees and fixed production facilities on the forest land upon the expiration of the circulation period, and the liability for breach of contract.
If the transferee violates the provisions of the law or the contract and causes serious damage to the forest, woods or forest land, the contract issuing party or the contracting party shall have the right to recover the forest land management right.
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Legal Analysis] Forest right certificate is used to prove the legal certificate of forest land ownership, which is protected by law, usually the forestry authorities at or above the county level, according to the relevant provisions of China's "Forest Law" and "Rural Land Contract Law", it is necessary to issue the certificate in accordance with the established procedures. Under normal circumstances, the procedures for applying for forest tenure certificates are: application, survey, review, announcement, registration and issuance.
1. The application is first of all submitted by the forest right holder to the competent forestry department at or above the county level for the ownership, use right or change or cancellation of forest rights of forest land or forest trees. Fill in the Application Form for Forest Right Registration, and provide the relevant materials for the change of forest rights and the applicant's identity certificate. 2. Survey After accepting the application, the forest right registration personnel with special qualifications and the forest right applicant shall convene the forest right holders of the neighboring forests around the forest land to conduct on-site verification of the forest land applying for forest rights.
After the forest land is verified, the forest land location map shall be drawn, and the forest land location map and the forest land boundary shall be signed and confirmed by the applicant and the forest right holder of the adjacent forest land. The area is then calculated based on the survey. 3. Review After the field survey, the relevant review of the information on the application for forest land began, and the review was carried out by the community, storage and township where the forest land is located.
4, the announcement after the examination qualified, the county-level forestry authorities will be the forest rights to be registered and issued by the announcement, the announcement time is 30 days, if there is no objection within the announcement period, then the registration is allowed to issue a certificate, if there is an objection during the announcement, re-verification. 5, the registration and issuance of the certificate after the announcement period without objection, the issuance of forest rights certificate, and stamped with the seal of the issuing authority and the certificate filling authority, if it is not allowed to register the application for the issuance of the certificate, usually received by the local registration authority issued a written notice, the notice will be reasonable, the application materials will be returned to the applicant.
Legal basis] Administrative Measures for the Registration of Forest and Forest Land Ownership of the People's Republic of China Article 17 If it is found that the forest right certificate is wrong, omitted to be registered, or is lost or damaged, the relevant forest right holder may apply to the original forest right registration authority for correction or reissue.
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Legal analysis: the applicant submits relevant certificates in each case: the draft of the forest ownership unit, the certificate of the legal representative and the personal identity of the legal representative; If the forest tenure belongs to an individual, submit a personal ID card or household registration certificate; If the forest rights are shared, the forest rights co-owners shall recommend a representative to apply; If the representative's personal ID card or household registration certificate is submitted, and the name of the co-owner is indicated, and the person is entrusted to handle it, the power of attorney and the identity certificate of the ** person shall also be submitted.
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