Chapter I General Provisions

Article 1 These Regulations are formulated to protect, develop and rationally use wild plant resources, conserve biological diversity and maintain ecological balance.

Article 2 These Regulations shall be observed in the protection, development and use of wild plants within the territory of the People's Republic of China.

Wild plants protected under these Regulations are precious plants growing naturally in their original habitats, and endangered or rare plants growing naturally in their original habitats that have important economic, scientific or cultural value.

The protection of medicinal wild plants and of wild plants in urban gardens, nature reserves and scenic areas is also subject to relevant laws and administrative regulations.

Article 3 The State applies a policy of strengthening protection, actively developing and rationally using wild plant resources.

Article 4 The State protects the lawful rights and interests of units and individuals that develop, use and manage wild plant resources according to law.

Article 5 The State encourages and supports scientific research on wild plants and their in-situ and ex-situ conservation.

Units and individuals with outstanding achievements in the protection, scientific research, cultivation and use, and publicity and education of wild plant resources shall be rewarded by the people's governments.

Article 6 The competent departments of people's governments at or above the county level shall carry out publicity and education on wild plant protection, popularize knowledge of wild plants and raise public awareness of their protection.

Article 7 All units and individuals have the duty to protect wild plant resources and have the right to report and accuse acts that encroach on or destroy wild plants and their habitats.

Article 8 The forestry administrative department of the State Council is in charge of supervising wild plants within forest areas nationwide and precious wild trees outside forest areas; the agricultural administrative department of the State Council is in charge of supervising other wild plants nationwide.

The construction administrative department of the State Council is responsible for supervising wild plants in urban gardens and scenic areas; the environmental protection department of the State Council is responsible for coordinating and supervising environmental protection work related to wild plants nationwide; other relevant departments of the State Council are responsible for wild plant protection according to their respective duties.

The departments of local people's governments at or above the county level responsible for wild plant management and their duties shall be specified by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government in light of local conditions.

Chapter II Protection of Wild Plants

Article 9 The State protects wild plants and their habitats. No unit or individual may illegally collect wild plants or destroy their habitats.

Article 10 Wild plants are divided into wild plants under State key protection and wild plants under local key protection.

Wild plants under State key protection are divided into those under first-class and those under second-class State protection. The list of wild plants under State key protection shall be formulated by the forestry and agricultural administrative departments of the State Council (hereinafter the wild plant administrative departments of the State Council) in consultation with the environmental protection, construction and other relevant departments, and published after approval by the State Council.

Wild plants under local key protection are wild plants, other than those under State key protection, protected by provinces, autonomous regions and municipalities directly under the Central Government. Their lists shall be formulated and published by the people's governments of these provinces, autonomous regions and municipalities and filed with the State Council.

Article 11 Nature reserves shall be established, according to relevant laws and administrative regulations, in areas where wild plants under State or local key protection are naturally concentrated; in other areas, the wild plant administrative departments and other relevant departments of local people's governments at or above the county level may establish protection sites or set up protection signs for such plants according to actual circumstances.

It is prohibited to damage the protection facilities and signs of protection sites for wild plants under State or local key protection.

Article 12 Wild plant administrative departments and other relevant departments shall monitor the environmental impacts on the growth of wild plants under State and local key protection and take measures to maintain and improve their growing conditions. Where environmental impacts harm the growth of such plants, the wild plant administrative departments shall investigate together with other relevant departments and handle the matter according to law.

Article 13 Where a construction project adversely affects the habitats of wild plants under State or local key protection, the environmental impact report submitted by the construction unit must assess these effects; the environmental protection department shall seek the opinions of the wild plant administrative department when examining and approving the report.

Article 14 Wild plant administrative departments and relevant units shall take rescue measures for wild plants under State and local key protection whose growth is threatened, protect or restore their habitats, and, where necessary, establish breeding bases and germplasm banks or take ex-situ conservation measures.

Chapter III Management of Wild Plants

Article 15 Wild plant administrative departments shall regularly organize surveys of wild plant resources under State and local key protection and establish resource files.

Article 16 The collection of wild plants under first-class State protection is prohibited. Where such collection is necessary for scientific research, artificial cultivation, cultural exchange or other special needs, a collection permit shall be applied for, according to the division of authority, from the forestry administrative department of the State Council or an agency authorized by it, or from the agricultural administrative department of the people's government of the province, autonomous region or municipality where the collection takes place or an agency authorized by it.

To collect wild plants under second-class State protection, a collection permit shall be applied for from the wild plant administrative department of the provincial-level people's government or an agency authorized by it, after the wild plant administrative department of the county-level people's government of the collection site has signed its opinion.

To collect wild plants under first- or second-class State protection in urban gardens or scenic areas, the consent of the administration of the garden or scenic area shall first be obtained, and a collection permit shall then be applied for in accordance with the preceding two paragraphs.

The collection of precious wild trees, or of wild plants in forest areas or on grasslands, shall be handled in accordance with the Forest Law and the Grassland Law.

After issuing a collection permit, the wild plant administrative department shall send a copy to the environmental protection department for the record.

The format of the collection permit shall be prescribed by the wild plant administrative departments of the State Council.

Article 17 Units and individuals collecting wild plants under State key protection must do so in accordance with the species, quantity, place, period and method specified in the collection permit.

The wild plant administrative department of the county-level people's government shall supervise and inspect the collection of wild plants under State key protection within its administrative area and promptly report to the wild plant administrative department that approved the collection or the agency authorized by it.

Article 18 The sale and purchase of wild plants under first-class State protection is prohibited.

The sale and purchase of wild plants under second-class State protection must be approved by the wild plant administrative department of the provincial-level people's government or an agency authorized by it.

Article 19 Wild plant administrative departments shall supervise and inspect activities involving the trade and use of wild plants under second-class State protection.

Article 20 The export of wild plants under State key protection, and the import or export of wild plants whose import or export is restricted by international conventions to which China is a party, shall, according to the division of authority, be approved by the forestry administrative department of the State Council, or be examined by the agricultural administrative department of the provincial-level people's government where the importer or exporter is located and approved by the agricultural administrative department of the State Council, and an import/export permit or label issued by the national administrative authority for the import and export of endangered species shall be obtained. Customs shall inspect and release the goods on the strength of the permit or label. The wild plant administrative departments of the State Council shall send relevant data on the import and export of wild plants to the environmental protection department of the State Council.

The export of unnamed or newly discovered wild plants of important value is prohibited.

Article 21 Foreigners may not collect or purchase wild plants under State key protection within China.

Foreigners conducting field investigations within China of wild plants under State key protection administered by agricultural administrative departments shall obtain the approval of the agricultural administrative department of the provincial-level people's government where the plants are located.

Article 22 Management measures for wild plants under local key protection shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

Chapter IV Legal Liability

Article 23 Where wild plants under State key protection are collected without a collection permit or not in accordance with the permit, the wild plant administrative department shall confiscate the plants collected and the illegal gains, and may additionally impose a fine of up to ten times the illegal gains; where a permit has been issued, it may also be revoked.

Article 24 Where wild plants under State key protection are sold or purchased in violation of these Regulations, the administration for industry and commerce or the wild plant administrative department shall, according to their respective duties, confiscate the plants and illegal gains and may additionally impose a fine of up to ten times the illegal gains.

Article 25 The illegal import or export of wild plants shall be punished by Customs in accordance with the Customs Law.

Article 26 Where collection permits, import/export permits or relevant approval documents or labels are forged, resold or transferred, the wild plant administrative department or the administration for industry and commerce shall, according to their respective duties, seize them, confiscate the illegal gains and may additionally impose a fine of up to 50,000 yuan.

Article 27 Where foreigners collect or purchase wild plants under State key protection within China, or conduct field investigations of such plants administered by agricultural administrative departments without approval, the wild plant administrative department shall confiscate the plants and investigation materials and may additionally impose a fine of up to 50,000 yuan.

Article 28 Where a violation of these Regulations constitutes a crime, criminal liability shall be investigated according to law.

Article 29 Where staff of wild plant administrative departments abuse their power, neglect their duties or engage in malpractice for personal gain, criminal liability shall be investigated according to law if a crime is constituted; otherwise, administrative sanctions shall be imposed according to law.

Article 30 Items confiscated under these Regulations shall be disposed of by the authority that made the confiscation decision in accordance with relevant State provisions.

Chapter V Supplementary Provisions

Article 31 Where an international treaty on wild plant protection concluded or acceded to by the People's Republic of China contains provisions different from these Regulations, the provisions of the treaty shall apply, except for clauses on which the People's Republic of China has declared reservations.

Article 32 These Regulations shall enter into force on 1 January 1997.