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, entering into force on March 15, 2025.

　　Premier Li Qiang

　　January 25, 2025

Regulations on the Protection of Ancient and Famous Trees

　　Article 1: In order to strengthen the protection of ancient and famous trees, advance ecological civilization, and carry forward China’s fine traditional culture, these Regulations are hereby enacted.

　　Article 2: For the purposes of these Regulations, “ancient trees” refer to trees that are 100 years or older, excluding those cultivated by humans and those growing in commercial forests primarily established for timber production.

　　For the purposes of these Regulations, “notable trees” refer to trees that possess significant historical, cultural, scientific, or landscape value, or that hold important commemorative significance.

　　Article 3 The State shall protect ancient and famous trees and prohibit any acts that damage such trees or their growing environment.

　　Article 4: The protection and management of ancient and famous trees shall be conducted under the leadership of the Communist Party of China, adhering to the principles of prioritizing conservation, promoting rational utilization, and implementing tiered administration, and establishing a working mechanism characterized by government leadership, local responsibility, and public participation.

　　Article 5 The National Greening Commission is responsible for leading and organizing the nationwide protection and management of ancient and famous trees. The forestry authority and the housing and urban–rural development authority under the State Council (hereinafter collectively referred to as the State Council authorities responsible for ancient and famous trees) shall, in accordance with their respective duties, be responsible for the protection and management of such trees nationwide. Other relevant departments of the State Council shall, within the scope of their respective responsibilities, undertake work related to the protection and management of ancient and famous trees.

　　People’s governments at or above the county level shall strengthen organizational leadership over the protection and management of ancient and famous trees. The forestry authorities and urban greening authorities of people’s governments at or above the county level (hereinafter collectively referred to as the competent authorities for ancient and famous trees at or above the county level) shall, in accordance with their respective duties, be responsible for the protection and management of such trees within their administrative jurisdictions. Other relevant departments of people’s governments at or above the county level shall, within the scope of their respective responsibilities, undertake tasks related to the protection and management of ancient and famous trees.

　　People’s governments of townships and towns, subdistrict offices, as well as village committees and residents’ committees shall assist in carrying out work related to the protection and management of ancient and famous trees.

　　Article 6: The funds required by people’s governments at or above the county level for carrying out the protection and management of ancient and famous trees shall be included in the budgets of their respective levels in accordance with the principles governing the division of fiscal powers and expenditure responsibilities.

　　The state encourages the provision of funding for the conservation of ancient and famous trees through various means, such as donations and sponsorships.

　　Article 7 The State shall encourage and support scientific research on the conservation of ancient and famous trees, as well as the promotion and application of advanced technologies, so as to enhance the level of conservation and management of such trees.

　　Relevant departments of the State Council, as well as local people’s governments at or above the county level and their respective departments, shall, through various means, organize and carry out publicity and education on the protection of ancient and famous trees, pass down the cultural heritage associated with them, enhance public awareness of their conservation, and foster a favorable social environment for their protection.

　　Article 8: Ancient trees shall be subject to tiered protection in accordance with the following criteria:

　　(1) Trees aged 500 years or older shall be subject to first-level protection;

　　(2) Trees aged 300 years or more but less than 500 years shall be subject to Level II protection;

　　(3) Trees aged 100 years or more but less than 300 years shall be subject to Level III protection.

　　The people’s governments of provinces, autonomous regions, and municipalities directly under the central government may, in light of local conditions, designate ancient trees aged 300 years or more but less than 500 years as subject to first-level protection, and ancient trees aged 100 years or more but less than 300 years as subject to second-level protection.

　　All renowned trees are placed under first-class protection, regardless of their age.

　　Article 9: The National Greening Commission shall organize a nationwide survey of ancient and famous trees every ten years. During the intervals between such surveys, the competent authorities for ancient and famous trees under the people’s governments at or above the county level shall, as appropriate, conduct supplementary surveys of these resources. In the course of conducting surveys, supplementary surveys, and making determinations regarding ancient and famous trees, the competent authorities at or above the county level may also organize expert appraisals of such trees.

　　The state encourages organizations and individuals to provide information on ancient and famous trees.

　　Article 10: The competent authorities for ancient and famous trees under the people’s governments at or above the county level shall, on the basis of the results of the census and supplementary surveys of such resources, designate ancient and famous trees and, upon approval by the people’s government at the same level, publicly announce them in accordance with the law.

　　Ancient and famous trees under first-level protection are designated by the competent authorities for ancient and famous trees of the people’s governments of provinces, autonomous regions, and municipalities directly under the central government. Ancient trees under second- and third-level protection are respectively designated by the competent authorities for ancient and famous trees of the people’s governments at the prefectural and county levels.

　　For groups of ancient trees that grow densely within a designated area, comprehensive protection may be implemented. Such groups shall be designated as “ancient tree clusters” by the competent authority for ancient and famous trees under the local people’s government at the corresponding level, in accordance with the highest protection category applicable to ancient and famous trees, and shall be publicly announced in accordance with the law upon approval by the people’s government at the same level.

　　The identification and public announcement of ancient and famous trees are subject to dynamic management.

　　The specific measures for the identification and graded protection and management of ancient and famous trees shall be prescribed by the competent authority of the State Council responsible for ancient and famous trees.

　　Article 11: The competent authorities for ancient and famous trees under the people’s governments at or above the county level shall establish archives for such trees and, in accordance with relevant standards and requirements, erect protective markers, construct appropriate protective facilities, and implement corresponding conservation measures.

　　The people’s government at the county level shall, in accordance with the regulations of the competent authority under the State Council for ancient and famous trees, demarcate protection zones for such trees and publicly announce them in accordance with the law.

　　Following the designation of protection zones for ancient and notable trees, such areas shall be promptly incorporated into the land‑space planning implementation and supervision information system.

　　Where the legitimate rights and interests of right holders of ancient and famous trees are impaired due to public interests such as ecological conservation, the people’s governments at or above the county level shall provide compensation in accordance with the law; where the ancient and famous trees concerned are owned by collectives or private individuals, the people’s governments at or above the county level may adopt measures to reasonably safeguard the interests of the relevant entities and individuals.

　　Article 12: The competent department for ancient and famous trees under the county-level people’s government shall, in accordance with the principle of facilitating enhanced routine maintenance, designate relevant organizations or individuals as the persons responsible for the daily care of such trees, enter into daily maintenance agreements with them, and, taking into account the ownership, protection level, maintenance condition, and maintenance costs of the ancient and famous trees, clearly define the rights and obligations of both parties.

　　Units and individuals that have made outstanding contributions to the protection and management of ancient and famous trees shall be commended and rewarded in accordance with relevant national regulations.

　　Article 13: The competent department for ancient and famous trees under the county-level people’s government shall strengthen technical guidance and training for persons responsible for routine maintenance, thereby enhancing their capacity for scientifically sound conservation. Such persons shall strictly fulfill their maintenance obligations and promptly intervene to stop any acts that harm ancient and famous trees or their growing environment.

　　When the person responsible for routine maintenance discovers that a protected ancient or famous tree has sustained damage or is exhibiting abnormal growth, they shall promptly report such circumstances to the competent authority for ancient and famous trees under the county-level people’s government. The competent authority shall promptly organize an on-site investigation and implement measures such as treatment and revitalization to address the condition of the tree in question.

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

　　In cases of major plant quarantine emergencies, disaster relief, or other special and urgent circumstances where emergency measures are lawfully implemented to fell ancient and famous trees, the relevant departments of the county-level people’s government shall promptly notify the county-level competent authority for ancient and famous trees. Within 30 days after the completion of the emergency response, the county-level competent authority shall report the relevant details, through each level of administration, to the provincial, autonomous region, or directly administered municipality-level competent authority for ancient and famous trees. Where the matter involves ancient trees or famous trees under first‑level protection, the provincial, autonomous region, or directly administered municipality‑level competent authority shall report to the State Council‑level competent authority for ancient and famous trees.

　　Article 15: In principle, ancient and famous trees shall be protected in situ and may not be transplanted. Where any of the following circumstances exist and the transplantation of an ancient or famous tree is indeed necessary, the construction entity shall submit a transplantation application together with a corresponding transplantation and post-transplantation care plan. The application shall be reviewed by the competent authority for ancient and famous trees under the local people’s government at or above the county level that has jurisdiction over the tree, in accordance with the highest protection category applicable to such trees, and then submitted to the people’s government at the same level for approval:

　　(1) For key national construction projects—such as those related to energy, transportation, water conservancy, and military facilities—the site selection genuinely cannot avoid ancient or famous trees.

　　(2) For key construction projects in provinces, autonomous regions, and municipalities directly under the central government—such as those in the energy, transportation, and water conservancy sectors—it is indeed impossible to avoid locating such projects in areas where ancient trees designated for Level II or Level III protection are situated.

　　(3) For other infrastructure construction projects, site selection genuinely cannot avoid ancient trees under Level-III protection.

　　If the growth condition of ancient and famous trees poses a threat to public safety, and such risks cannot be eliminated even after implementing protective measures such as pruning or bracing, the competent authority for ancient and famous trees under the county-level people’s government shall formulate appropriate transplantation and maintenance plans and submit them to the relevant people’s government for approval in accordance with the applicable administrative jurisdiction.

　　Article 16: The transplantation of ancient and famous trees shall be carried out at a location as close as possible to their original site.

　　For the transplantation of ancient and famous trees falling under the circumstances specified in Paragraph 1 of Article 15 of these Regulations, the transplantation costs and the maintenance expenses for the five years following transplantation shall be borne by the construction entity; for those falling under the circumstances specified in Paragraph 2 of Article 15 of these Regulations, the transplantation costs and the maintenance expenses for the five years following transplantation shall be borne by the relevant county-level people’s government.

　　Article 17 No organization or individual shall engage in any of the following acts that damage ancient and famous trees or their growing environment:

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

　　(2) Digging up roots, stripping bark, or excessively pruning branches and trunks;

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

　　(4) Laying impermeable paved surfaces, using open flames, stacking heavy objects, dumping flammable or explosive materials, or disposing of toxic or hazardous substances within the protection zone of ancient and famous trees;

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

　　(6) Damaging protective facilities or signage for ancient and famous trees;

　　(7) Any other acts that damage ancient and famous trees or their growing environment.

　　Article 18: The siting and construction of projects shall avoid the protection zones of ancient and famous trees. Where, due to special circumstances, avoidance is not feasible and it is indeed necessary to construct or expand buildings or structures, or to lay pipelines within such protection zones, the project developer shall, prior to commencing construction, report to the competent authority for ancient and famous trees under the local people’s government at or above the county level and, in accordance with applicable requirements, implement appropriate engineering measures to minimize any adverse impact on the ancient and famous trees and their growing environment.

　　Within the protection zone of ancient and famous trees, any existing buildings, structures, pipelines, or other facilities that fail to meet the requirements for their protection shall be systematically addressed by the people’s government at the county level.

　　When the protection of ancient and famous trees is related to the protection of cultural relics, the competent authorities for ancient and famous trees and for cultural relics at or above the county level shall jointly formulate protective measures.

　　Article 19: Without impairing the ancient and famous trees or their growing environment, the following activities may be carried out:

　　(1) Rationally utilize resources of ancient and famous trees to conduct scientific research in areas such as conservation technologies, genetic breeding, and biology, and to promote the application of research findings.

　　(2) In conjunction with historically and culturally renowned towns and villages, historic and cultural districts, traditional villages, as well as traditional festivals and folk customs, explore the historical and cultural significance of ancient and notable trees.

　　(3) Conduct public science education and outreach to promote the integrated development of ancient and famous trees as ecological tourism resources.

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

　　Article 20: In the event of the death of an ancient or famous tree, the competent authority for ancient and famous trees under the local people’s government at or above the county level that designated the tree shall conduct a verification, ascertain the cause, and submit recommendations for handling to the people’s government at the same level. If the tree retains value as a site‑specific landmark, it shall be preserved, and appropriate protective measures shall be taken in accordance with the actual circumstances.

　　Article 21: The competent authorities for ancient and famous trees under the people’s governments at or above the county level shall establish a tiered protection and inspection system for such trees. They shall determine inspection cycles based on the protection grade, distribution area, growth condition, and other relevant factors, and conduct regular inspections.

　　For ancient and famous trees located in remote or hard-to-reach areas, the competent authorities for ancient and famous trees under people’s governments at or above the county level may employ technological means such as big data, satellite remote sensing, and drones to conduct dynamic monitoring.

　　The State encourages organizations and individuals to report and prevent any acts that harm ancient and famous trees or their growing environments.

　　Article 22 The competent authority of the State Council for the protection of ancient and famous trees shall establish an information platform for the protection and management of such trees.

　　The competent authorities for ancient and famous trees under the people’s governments at or above the county level shall promptly compile and submit data on ancient and famous trees within their administrative jurisdictions to the Ancient and Famous Trees Protection and Management Information Platform.

　　Article 23: The competent authorities for ancient and famous trees under the people’s governments at or above the county level shall, in accordance with the provisions of these Regulations and in line with their respective duties, conduct supervision and inspection over activities related to the protection and management of ancient and famous trees, and shall be authorized to take the following measures:

　　(1) Question the entities and individuals being inspected, and require them to provide explanations regarding matters related to the supervisory inspection;

　　(2) Conduct on-site inspections;

　　(3) Inspect and duplicate relevant documents and materials, and seal up any documents or materials that may be transferred, destroyed, concealed, or tampered with;

　　(4) Seize and impound premises, facilities, or property suspected of engaging in illegal activities.

　　The competent authorities for ancient and famous trees under the people’s governments at or above the county level shall conduct supervision and inspection in accordance with the law, and relevant organizations and individuals shall cooperate and may not refuse or obstruct such activities.

　　Article 24: Where regions fail to adequately carry out the protection and management of ancient and famous trees, resulting in prominent problems, the competent authority under the State Council responsible for ancient and famous trees may summon the principal officials of the relevant local people’s government and its pertinent departments, requiring them to take measures to effect timely rectification.

　　The status of protection and management of ancient and famous trees shall be incorporated into the exit audit of natural resource assets for leading cadres.

　　Article 25: Staff members of the State Council’s competent authority for ancient and famous trees, people’s governments at or above the county level and their respective competent authorities for ancient and famous trees, as well as other relevant departments, who abuse their powers, neglect their duties, or engage in corruption and malpractice in the protection and management of ancient and famous trees shall be subject to disciplinary sanctions in accordance with the law.

　　Article 26: Any person who, in violation of the provisions of these Regulations, fells or transplants ancient and famous trees shall be ordered by the competent authority for ancient and famous trees under the local people’s government at or above the county level to cease the illegal act and take remedial measures, have any illegal gains confiscated, and be subject to a fine in accordance with the following provisions:

　　(1) For ancient trees and notable trees subject to first-level protection, a fine of no less than RMB 500,000 but not exceeding RMB 1 million shall be imposed per tree.

　　(2) Where the matter involves ancient trees subject to Level‑II protection, a fine of no less than RMB 200,000 but not exceeding RMB 500,000 shall be imposed for each such tree.

　　(3) For ancient trees subject to the three-tier protection system, a fine of no less than RMB 100,000 but no more than RMB 200,000 shall be imposed per tree.

　　Anyone who, in violation of the provisions of these Regulations, damages ancient and famous trees or their growing environment, thereby causing the death of such trees, shall be subject to the penalties prescribed in the preceding paragraph.

　　Article 27: Where any of the acts specified in Items 1, 2, 3, and 4 of Article 17 of these Regulations is committed, the competent authority for ancient and famous trees under the local people’s government at or above the county level shall order the cessation of the unlawful act and the implementation of remedial measures, confiscate the illegal gains, and impose a fine of no less than RMB 10,000 but no more than RMB 100,000. If the party refuses to cease the unlawful act, fails to take remedial measures, or causes serious consequences, a fine of no less than RMB 50,000 but no more than RMB 200,000 shall be imposed.

　　Anyone who engages in any of the acts specified in Items 5, 6, or 7 of Article 17 of these Regulations shall be ordered by the competent authority for ancient and famous trees under the local people’s government at or above the county level to cease the unlawful act and take remedial measures, with any illegal gains confiscated; a fine of no more than RMB 10,000 may also be imposed. If the person refuses to cease the unlawful act, fails to take remedial measures, or causes serious consequences, a fine of between RMB 10,000 and RMB 100,000 shall be imposed.

　　Article 28: Any violation of the provisions of Paragraph 1 of Article 18 of these Regulations shall be subject to an order from the competent authority for ancient and famous trees under the local people’s government at or above the county level to cease the unlawful act, restore the original condition within a specified time limit, or take other remedial measures, together with confiscation of any illegal gains. If the violator refuses to cease the unlawful act, fails to restore the original condition within the prescribed time limit, fails to take other remedial measures, or causes serious consequences, a fine shall be imposed in accordance with the following provisions:

　　(1) For ancient trees and famous trees subject to first-level protection, a fine of no less than RMB 200,000 but not more than RMB 500,000 shall be imposed per tree.

　　(2) Where ancient trees subject to Level‑II protection are involved, a fine of no less than RMB 100,000 but not more than RMB 200,000 shall be imposed for each tree.

　　(3) For ancient trees subject to the three-tier protection system, a fine of no less than RMB 50,000 but no more than RMB 100,000 shall be imposed per tree.

　　Article 29: Any person who, in violation of the provisions of these Regulations, causes damage to others shall bear liability for compensation in accordance with the law; if the conduct constitutes a violation of public order administration, administrative penalties shall be imposed in accordance with the law; and if it constitutes a crime, criminal liability shall be pursued in accordance with the law.

　　Article 30 This Regulation shall come into force on March 15, 2025.