Order of the State Council of the People's Republic of China

　　No. 800

　　The "Regulations on the Protection of Ancient and Famous Trees" were adopted at the 50th executive meeting of the State Council on January 3, 2025, and are hereby promulgated and shall come into force on March 15, 2025.

　　Premier Li Qiang

　　January 25, 2025

Regulations on the Protection of Ancient and Famous Trees

　　Article 1 For the purpose of strengthening the protection of ancient and famous trees, promoting ecological civilization construction, and inheriting excellent traditional Chinese culture, these Regulations are formulated.

　　Article 2 Ancient trees, as referred to in these Regulations, mean trees with an age of 100 years or more, excluding trees artificially cultivated and grown in commercial forests primarily for timber production.

　　Famous trees, as referred to in these Regulations, mean trees with significant historical, cultural, scientific, or landscape value, or those with important commemorative significance.

　　Article 3 The State shall protect ancient and famous trees and prohibit any damage to them and their growth environment.

　　Article 4 The protection and management of ancient and famous trees shall adhere to the leadership of the Communist Party of China, uphold the principles of prioritizing protection, reasonable utilization, and tiered management, and establish a working mechanism with government leadership, local responsibility, and social participation.

　　Article 5 The National Greening Committee shall be responsible for organizing and leading the national protection and management of ancient and famous trees. The competent forestry and housing and urban-rural construction departments of the State Council (hereinafter referred to as the competent State Council departments for ancient and famous trees) shall be responsible for the national protection and management of ancient and famous trees according to their respective functions. Other relevant departments of the State Council shall be responsible for the relevant work on the protection and management of ancient and famous trees within their respective responsibilities.

　　Local people's governments at or above the county level shall strengthen the organization and leadership of the protection and management of ancient and famous trees. The competent forestry and urban greening departments of local people's governments at or above the county level (hereinafter referred to as the competent local government departments for ancient and famous trees at or above the county level) shall be responsible for the protection and management of ancient and famous trees within their respective administrative regions according to their respective functions. Other relevant departments of local people's governments at or above the county level shall be responsible for the relevant work on the protection and management of ancient and famous trees within their respective responsibilities.

　　Township people's governments, subdistrict offices, village committees, and residents' committees shall assist in the relevant work on the protection and management of ancient and famous trees.

　　Article 6 Funds needed for the protection and management of ancient and famous trees by people's governments at or above the county level shall be included in the budget at their respective levels in accordance with the principles of division of fiscal responsibilities and expenditure responsibilities.

　　The State encourages the sponsorship of the protection of ancient and famous trees through various forms such as donation and adoption.

　　Article 7 The State encourages and supports scientific research on the protection of ancient and famous trees and the promotion and application of advanced technologies to improve the level of protection and management of ancient and famous trees.

　　Relevant departments of the State Council, local people's governments at or above the county level, and their relevant departments shall organize and carry out publicity and education on the protection of ancient and famous trees in various forms, inherit the culture of ancient and famous trees, enhance the awareness of the whole society on the protection of ancient and famous trees, and create a good social atmosphere for the protection of ancient and famous trees.

　　Article 8 Ancient trees shall be protected according to the following standards:

　　(1) Trees with an age of 500 years or more shall be under first-level protection;

　　(2) Trees with an age of 300 years or more but less than 500 years shall be under second-level protection;

　　(3) Trees with an age of 100 years or more but less than 300 years shall be under third-level protection.

　　The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may, based on actual conditions, decide to place trees with an age of 300 years or more but less than 500 years in cities under first-level protection, and trees with an age of 100 years or more but less than 300 years under second-level protection.

　　All famous trees shall be under first-level protection, regardless of age.

　　Article 9 The National Greening Committee shall organize a national census of ancient and famous tree resources every 10 years. During the census interval, the competent local government departments for ancient and famous trees at or above the county level shall conduct supplementary surveys of ancient and famous tree resources in a timely manner. In the census, supplementary surveys, and identification of ancient and famous trees, the competent local government departments for ancient and famous trees at or above the county level may organize the identification of ancient and famous trees.

　　The State encourages units and individuals to provide information on ancient and famous tree resources.

　　Article 10 The competent local government departments for ancient and famous trees at or above the county level shall identify ancient and famous trees based on the results of the census and supplementary surveys of ancient and famous tree resources, and after approval by the people's government at their respective levels, they shall be publicly announced according to law.

　　Ancient trees under first-level protection and famous trees shall be identified by the competent local government departments for ancient and famous trees of provinces, autonomous regions, and municipalities directly under the Central Government; ancient trees under second-level and third-level protection shall be identified by the competent local government departments for ancient and famous trees of prefecture-level cities and county-level governments, respectively.

　　For groups of ancient trees that grow together in a certain area, overall protection can be implemented, and they can be identified as ancient tree groups by the corresponding local government departments for ancient and famous trees according to the highest protection level of the ancient and famous trees involved, and after approval by the people's government at their respective levels, they shall be publicly announced according to law.

　　The identification and announcement of ancient and famous trees shall be dynamically managed.

　　The specific methods for the identification and tiered protection and management of ancient and famous trees shall be stipulated by the competent State Council departments for ancient and famous trees.

　　Article 11 The competent local government departments for ancient and famous trees at or above the county level shall establish files for ancient and famous trees, and according to relevant standards and requirements, set up protection signs for ancient and famous trees, construct corresponding protection facilities, and adopt corresponding protection measures.

　　County-level people's governments shall, according to the provisions of the competent State Council departments for ancient and famous trees, delineate the protection scope of ancient and famous trees and publicly announce them according to law.

　　After the protection scope of ancient and famous trees is delineated, it shall be included in the national land spatial planning implementation supervision information system in a timely manner.

　　If the legitimate rights and interests of the relevant right holders of ancient and famous trees are damaged due to public interests such as ecological protection, the local people's governments at or above the county level shall provide compensation according to law; for ancient and famous trees owned by collectives or individuals, the local people's governments at or above the county level may take measures to reasonably take care of the interests of the relevant units and individuals.

　　Article 12 The competent county-level government departments for ancient and famous trees shall, according to the principle of facilitating the daily maintenance of ancient and famous trees, specify relevant units and individuals as persons responsible for the daily maintenance of ancient and famous trees, sign daily maintenance agreements with the persons responsible for daily maintenance, and clarify the rights and obligations of both parties according to the ownership, protection level, maintenance status, and maintenance costs of ancient and famous trees.

　　Units and individuals who have made outstanding contributions to the protection and management of ancient and famous trees shall be commended and rewarded according to relevant national regulations.

　　Article 13 The competent county-level government departments for ancient and famous trees shall strengthen technical guidance and training for persons responsible for daily maintenance, and improve the scientific maintenance capabilities of persons responsible for daily maintenance. Persons responsible for daily maintenance shall strictly fulfill their maintenance obligations and stop any acts that damage ancient and famous trees and their growth environment.

　　If the person responsible for daily maintenance discovers that an ancient and famous tree has been damaged or shows abnormal growth, they should promptly report it to the county-level government's department in charge of ancient and famous trees. The county-level government's department in charge of ancient and famous trees should promptly organize an on-site investigation and take measures such as treatment and rejuvenation for the ancient and famous trees involved.

　　Article 14: The felling of ancient and famous trees is prohibited.

　　In special and urgent situations such as major plant epidemic prevention and disaster relief, if emergency measures are taken to fell ancient and famous trees in accordance with the law, the relevant county-level government departments should promptly notify the county-level government's department in charge of ancient and famous trees. Within 30 days after the completion of the emergency response work, the county-level government's department in charge of ancient and famous trees should report the relevant situation to the provincial, autonomous region, or municipality's department in charge of ancient and famous trees. For ancient and famous trees under first-level protection, the provincial, autonomous region, or municipality's department in charge of ancient and famous trees should report to the State Council's department in charge of ancient and famous trees.

　　Article 15: In principle, ancient and famous trees shall be protected in situ and shall not be transplanted. In one of the following circumstances, if it is necessary to transplant ancient and famous trees, the construction unit shall submit a transplantation application and the corresponding transplantation and maintenance plan, and in accordance with the highest protection level of the ancient and famous trees involved, the county-level or above local people's government department in charge of ancient and famous trees shall review and report to the local government for approval:

　　(1) The location of key national energy, transportation, water conservancy, and military projects cannot avoid ancient and famous trees;

　　(2) The location of key provincial, autonomous region, or municipality energy, transportation, and water conservancy projects cannot avoid ancient and famous trees under second-level or third-level protection;

　　(3) The location of other infrastructure projects cannot avoid ancient and famous trees under third-level protection.

　　If the growth of an ancient and famous tree may endanger public safety, and the safety hazard cannot be eliminated even with protective measures such as pruning and support, the county-level government's department in charge of ancient and famous trees shall propose a corresponding transplantation and maintenance plan and report it to the relevant people's government for approval according to the management authority.

　　Article 16: The transplantation of ancient and famous trees should be carried out nearby.

　　For the transplantation of ancient and famous trees, if it falls under the circumstances stipulated in the first paragraph of Article 15 of these Regulations, the transplantation costs and maintenance costs for 5 years after transplantation shall be borne by the construction unit; if it falls under the circumstances stipulated in the second paragraph of Article 15 of these Regulations, the transplantation costs and maintenance costs for 5 years after transplantation shall be borne by the relevant county-level people's government.

　　Article 17: No unit or individual may engage in the following acts that damage ancient and famous trees and their growth environment:

　　(1) Buying, transporting, or processing illegally felled or transplanted ancient and famous trees;

　　(2) Digging roots, peeling bark, or excessively pruning branches;

　　(3) Injecting toxic or harmful substances into ancient and famous trees;

　　(4) Laying non-permeable hardened ground, using open flames, stacking heavy objects, dumping flammable, explosive, or toxic and harmful substances within the protection range of ancient and famous trees;

　　(5) Carving, installing cables, wrapping, or hanging objects on ancient and famous trees, or climbing ancient and famous trees;

　　(6) Damaging the protection facilities or protection signs of ancient and famous trees;

　　(7) Other acts that damage ancient and famous trees and their growth environment.

　　Article 18: The location and construction of construction projects shall avoid the protection range of ancient and famous trees; if it is unavoidable due to special circumstances, and it is necessary to newly build, expand buildings, structures, or lay pipelines within the protection range of ancient and famous trees, the county-level or above local people's government department in charge of ancient and famous trees shall be reported before construction, and necessary engineering measures shall be taken as required to minimize the damage to ancient and famous trees and their growth environment.

　　For existing buildings, structures, pipelines, etc., within the protection range of ancient and famous trees that do not meet the protection requirements of ancient and famous trees, the county-level people's government shall organize planned management.

　　When the protection of ancient and famous trees is related to the protection of cultural relics, the county-level or above local people's government department in charge of ancient and famous trees and the cultural relics department shall jointly formulate protection measures.

　　Article 19: The following activities may be carried out without damaging ancient and famous trees and their growth environment:

　　(1) Reasonably utilizing ancient and famous tree resources to conduct scientific research on protection technology, genetic breeding, and biology, and promoting the application of scientific research results;

　　(2) Combining with historical and cultural towns and villages, historical and cultural blocks, traditional villages, and traditional festivals and customs to excavate the historical and cultural value of ancient and famous trees;

　　(3) Carrying out science popularization and education to promote the integrated development of ancient and famous tree resources and ecological tourism;

　　(4) For ancient and famous trees that are traditional economic tree species, the relevant right holders shall carry out necessary production and operation activities in accordance with the law.

　　Article 20: If an ancient and famous tree dies, the county-level or above local people's government department in charge of ancient and famous trees that identified the ancient and famous tree shall organize the confirmation, ascertain the cause, and submit a disposal opinion to the local government; if it has the value of being preserved in situ, it shall be preserved, and necessary protection measures shall be taken according to the actual situation.

　　Article 21: The county-level or above local people's government department in charge of ancient and famous trees shall establish a graded protection and patrol system for ancient and famous trees, and determine the patrol cycle according to the protection level, distribution area, and growth status of ancient and famous trees, and conduct regular patrols.

　　For ancient and famous trees located in remote areas and areas with inconvenient transportation, the county-level or above people's government department in charge of ancient and famous trees may use big data, satellite remote sensing, and drones to conduct dynamic monitoring.

　　The state encourages units and individuals to report and stop acts that damage ancient and famous trees and their growth environment.

　　Article 22: The State Council's department in charge of ancient and famous trees shall establish an information platform for the protection and management of ancient and famous trees.

　　The county-level or above local people's government department in charge of ancient and famous trees shall promptly collect the data and information of ancient and famous trees within its administrative area to the information platform for the protection and management of ancient and famous trees.

　　Article 23: In accordance with these Regulations, the county-level or above people's government department in charge of ancient and famous trees shall supervise and inspect the protection and management of ancient and famous trees according to their respective responsibilities and have the right to take the following measures:

　　(1) Questioning the units and individuals being inspected and requiring them to explain the situation related to the supervision and inspection matters;

　　(2) Conducting on-site inspections;

　　(3) Reviewing and copying relevant documents and materials, and sealing up documents and materials that may be transferred, destroyed, concealed, or altered;

　　(4) Seize and impound the venues, facilities, or assets involved in suspected illegal activities.

　　Supervisory and inspection shall be conducted by the competent authorities of ancient and famous trees at or above the county level in accordance with the law; relevant units and individuals shall cooperate and shall not refuse or obstruct.

　　Article 24. For regions with weak protection and management of ancient and famous trees or prominent problems, the competent authorities of ancient and famous trees of the State Council may convene talks with the principal persons in charge of the relevant local people's governments and their relevant departments to require them to take measures to rectify the problems in a timely manner.

　　The protection and management of ancient and famous trees shall be included in the departing audit of natural resource assets for leading cadres.

　　Article 25. Personnel of the competent authorities of ancient and famous trees of the State Council, the people's governments at or above the county level and their competent authorities of ancient and famous trees, and other relevant departments who abuse their power, neglect their duties, or engage in favoritism and malpractice in the protection and management of ancient and famous trees shall be given disciplinary sanctions in accordance with the law.

　　Article 26. Those who, in violation of the provisions of these Regulations, fell or transplant ancient and famous trees shall be ordered by the competent authorities of ancient and famous trees of the people's governments at or above the county level to stop the illegal acts and take remedial measures, and their illegal gains shall be confiscated, and a fine shall be imposed according to the following provisions:

　　(1) For those involving Class I protected ancient trees and famous trees, a fine of not less than RMB 500,000 and not more than RMB 1,000,000 per tree shall be imposed;

　　(2) For those involving Class II protected ancient trees, a fine of not less than RMB 200,000 and not more than RMB 500,000 per tree shall be imposed;

　　(3) For those involving Class III protected ancient trees, a fine of not less than RMB 100,000 and not more than RMB 200,000 per tree shall be imposed.

　　Those who, in violation of the provisions of these Regulations, damage ancient and famous trees and their growth environment, causing the death of ancient and famous trees, shall be punished according to the provisions of the preceding paragraph.

　　Article 27. Those who have committed any of the acts specified in Items (1), (2), (3), and (4) of Article 17 of these Regulations shall be ordered by the competent authorities of ancient and famous trees of the people's governments at or above the county level to stop the illegal acts and take remedial measures, and their illegal gains shall be confiscated, and a fine of not less than RMB 10,000 and not more than RMB 100,000 shall be imposed; if they refuse to stop the illegal acts, fail to take remedial measures, or cause serious consequences, a further fine of not less than RMB 50,000 and not more than RMB 200,000 shall be imposed.

　　Those who have committed any of the acts specified in Items (5), (6), and (7) of Article 17 of these Regulations shall be ordered by the competent authorities of ancient and famous trees of the people's governments at or above the county level to stop the illegal acts and take remedial measures, and their illegal gains shall be confiscated, and a fine of not more than RMB 10,000 may also be imposed; if they refuse to stop the illegal acts, fail to take remedial measures, or cause serious consequences, a fine of not less than RMB 10,000 and not more than RMB 100,000 shall be imposed.

　　Article 28. Those who violate the provisions of Paragraph 1 of Article 18 of these Regulations shall be ordered by the competent authorities of ancient and famous trees of the people's governments at or above the county level to stop the illegal acts, restore the original state within a time limit, or take other remedial measures, and their illegal gains shall be confiscated; if they refuse to stop the illegal acts, fail to restore the original state by the deadline, fail to take other remedial measures, or cause serious consequences, a fine shall be imposed according to the following provisions:

　　(1) For those involving Class I protected ancient trees and famous trees, a fine of not less than RMB 200,000 and not more than RMB 500,000 per tree shall be imposed;

　　(2) For those involving Class II protected ancient trees, a fine of not less than RMB 100,000 and not more than RMB 200,000 per tree shall be imposed;

　　(3) For those involving Class III protected ancient trees, a fine of not less than RMB 50,000 and not more than RMB 100,000 per tree shall be imposed.

　　Article 29. Those who, in violation of the provisions of these Regulations, cause losses to others shall bear the liability for compensation according to the law; those whose acts constitute a violation of public security management shall be given public security management penalties according to the law; and those whose acts constitute a crime shall be investigated for criminal responsibility according to the law.

　　Article 30. These Regulations shall come into effect as of March 15, 2025.