The legal support for the circulation of forest rights, can state owned forest rights be transferred

Legal analysis: State-owned forest farms can be transferred and contracted, but they must be publicly auctioned and approved by relevant departments before they can be transferred and contracted. Only the right to use the slag of forest land for a specified period of time can be transferred, and its ownership cannot be transferred.

It is possible to obtain a forest tenure certificate after the transfer according to law, but at present, it is not available in the whole country, and it can only be done in places where the reform of the forest tenure system has been implemented. If you are contracted, you can only sign a contract. It is legal to have a forest tenure certificate and to sign a contract for transfer.

Legal basis: Rural Land Contract Law of the People's Republic of China

Article 21 The contract period for cultivated land shall be 30 years. The contract period for the grassland is 30 to 50 years. The contract period for forest land is 30 to 70 years.

After the expiration of the contract period for cultivated land quietly set forth in the preceding paragraph, it shall be extended for another 30 years, and after the expiration of the contract period for grassland and forest land, it shall be extended accordingly in accordance with the provisions of the preceding paragraph.

Article 32 The contractor's contract income shall be inherited in accordance with the provisions of the Inheritance Law. If the contractor of the forest land contract dies, his heirs may continue the contract during the contract period.

Legal analysis: the circulation of forest rights should adhere to the principle of law, voluntariness, and compensation, and the willingness, duration, method, and object of circulation should be independently decided by the forest rights holder in accordance with the law, and no organization or individual shall use coercion, fraud and other improper means to force or hinder farmers from transferring forest rights. Adhere to the principle of forest use of forest land, the transfer of collective forest rights shall not change the ownership of forest land, the use of forest land, the nature of public welfare forests and the protection level of forest land, and the forest land and forest trees after circulation shall be developed and utilized in strict accordance with the law.

Adhere to the principles of openness, justice, and fairness, ensure openness and transparency, independent transactions, fair competition, and orderly regulation, and must not be unfair, and the rights and obligations of both parties shall be reciprocal.

Legal basis: Forest Law of the People's Republic of China

Article 18 Collective forest land and forest trees on forest land that have not been contracted shall be managed by 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.

19th collective forest land management rights circulation shall be signed a written contract. 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.

How to handle the circulation of forest rights in collective forest land and what are the relevant procedures 1. Handle the circulation in accordance with the "Rural Land Contract Law", "Villagers' Committee Organization Law" and other relevant laws and regulations. First, it belongs to the forest resources that can be transferred, and the circulation of public welfare forests is strictly prohibited. Second, in accordance with the procedural provisions, a villagers' meeting must be convened to vote, and more than two-thirds of the villagers or villagers' representatives must agree.

and whether to evaluate, etc. 2. Apply to the local forestry department with the application form for forest right registration, the circulation contract and the certification documents of the villagers' consent to the circulation, the original forest right certificate, the legal person qualification certificate or the copy of the personal ID card, etc., and the local forestry department will review and organize the boundary survey (according to the situation, it may not be surveyed), publicity, etc. 3. If there is no objection after the expiration of the publicity period, the competent forestry department shall sign the opinion and report it to the first department for review and signature, and then print and issue the forest right certificate.

Collective forest - refers to the general term of forest with collective ownership of forest land. There are mainly the following types of collective mountain forests: Self-retained mountains:

It refers to the forestry "three fixed" period allocated to farmers to use the mountain forest, the forest land used by the collective, the farmers enjoy the right to use it free of charge, the implementation of the "life does not make up, death does not harvest" long-term unchanged policy, the owner of the mountain has the ownership of the forest planted by the owner, and is allowed to inherit. There is no need to sign a contract for its operation. Responsibility Mountain:

Subcontracting to households: refers to the responsibility of subcontracting to households during the forestry "three determinations" period, as well as the collective forests contracted to households in the reform of the forest tenure system. Joint Household Contracting:

It refers to the joint households of the collective mountains and forests assigned to the villages (groups) during the "three determinations", and the joint contracting and management of multiple households has a forest right certificate. The contractor must sign a contract with the contract issuer to clarify the responsibilities, rights and interests of both parties. The ownership of its forest land belongs to the collective, and the individual enjoys the right to contract management and management, and inheritance is allowed during the contract period.

Other forms of contracting: Other forms of contracting, also known as large-scale contracting, refer to the forest land contracted by a single farmer household of the collective economic organization in other forms (for bidding, auction, public consultation, etc.), excluding the above-mentioned forest land contracted and operated in the form of "subcontracting to households". Collective unified management:

It refers to the forest land that is not divided into mountains or shares, and is still managed by the collective. Collective share management: the forest land has the right to belong to the collective, and the mountains and forests are still managed by the collective, and the implementation of joint household cooperation, equal share and equal profit, and the forest land and trees are divided into shares and distributed to the forest land of farmers.

The above content is relevant, if you have other legal questions, you can consult the relevant lawyers.

Legal subjectivity

What problems should be paid attention to in the circulation of collective forest rightsThe circulation of collective forest rights refers to the act of transferring all or part of the collective forest land management rights, forest tree ownership and forest use rights owned by the forest rights holder to others in accordance with the law without changing the ownership of forest land and the use of forest land, excluding the transfer of forest land management rights due to legal expropriation.

First, the transfer of forest rights shall not change the ownership and use of forest land. That is, after the transfer of forest land, you still have to continue to plant trees, you can't transfer forest land to private business owners to build farmhouses, let alone transfer forest land to real estate developers to build villas.

Second, the transferee must be a farmer engaged in agricultural production and operation, and in principle, it should be carried out among the members of the collective economic organization and subject to the consent of the contract-issuing party. It means that the transfer of your forest land should be to people from the same village, and he must also be a farmer in agricultural production and operation, and he needs the collective consent of the forest right. If a foreign boss wants to take over your forest land, he must file with the contractor, that is, the collective where the forest rights are located, and if he is not engaged in agricultural production, he will not be able to take over the transfer of forest land.

Third, forest land and trees that are classified as public welfare forests cannot be transferred for the time being, but they can be transferred in the form of subcontracting, leasing and shareholding.

Fourth, the procedure must be legal. That is, the circulation plan shall be publicized in advance in the collective economic organization, and shall be circulated by means of bidding, auction or public consultation with the consent of the members of the collective economic organization in accordance with the law; If it is transferred to a unit or individual other than the collective economic organization, it must be reported to the township (town) for approval in advance.

If the forest rights are transferred again, it shall be executed in accordance with the original circulation contract and the contract issuing party shall be notified; The contracted management rights of forest land obtained through bidding, auction, public negotiation and other means shall be registered and obtained in accordance with the law before they can be transferred. If the transfer is entrusted, there shall be a written power of attorney from the forest right holder.

The inflow of forest rights shall have the ability of forestry management, and encourage all localities to explore the establishment of an access system for industrial and commercial capital leasing and leasing of forest land in accordance with the law.