Interim Measures for the Payment and Use of Wetland Restoration Fees.
Draft for Comments).
Chapter I: General Provisions
Article 1In order to standardize the payment, use and management of wetland restoration fees, strengthen wetland protection, ensure the stability of wetland ecological functions, ensure ecological security, promote the construction of ecological civilization, and realize the harmonious coexistence of man and nature, these measures are formulated in accordance with the relevant provisions of the "Wetland Conservation of the People's Republic of China".
Article 2These measures shall apply to the payment, use and management of wetland restoration fees.
Article 3The payment and use of wetland restoration fees shall adhere to the principles of protection first, scientific measurement, systematic restoration, and strict management, and give play to the positive role of wetland restoration fees in not occupying less wetlands, implementing the total amount of wetland control targets, and improving quality and efficiency.
Article 4The payment, use and management of wetland restoration fees shall be subject to the supervision and inspection of the finance and auditing departments and the forestry and grassland departments at higher levels.
Chapter II Contributions
Article 5In addition to the wetlands in the river management area and flood storage and detention areas occupied by flood control, waterways, ports or other water projects, if an important wetland is occupied with approval in accordance with the law, and there is no condition for restoration or reconstruction, the occupying unit shall pay wetland restoration fees in accordance with the provisions of these measures.
The term "important wetlands" as used in the preceding paragraph includes wetlands of national importance (including wetlands of international importance, the same below) and wetlands of provincial importance.
Article 6If an important wetland is occupied, the competent department of forestry and grassland at or above the county level or the people's department authorized by the people at the same level where the occupied wetland is located shall levy a wetland restoration fee.
If the important wetlands within the scope of the Daxinganling Forestry Group Company are occupied, the competent department of forestry and grassland shall levy wetland restoration fees.
Article 7The payment standard of wetland restoration fee shall be determined according to the cost of investigation, planning and design, natural restoration and artificial restoration required to restore the ecological service function of not less than the occupied wetland area, as well as the loss of the value of ecological service functions during the restoration period and restoration period. The specific payment standards are as follows:
1) For those who occupy important wetlands, the payment standard is not less than 200 yuan per square meter.
The financial departments of all provinces, autonomous regions and municipalities directly under the Central Government, together with the competent departments of forestry and grassland at the same level and the departments authorized by the people, shall, on the basis of the above-mentioned lower limit standards, combine the local wetland resource endowment, restoration and reconstruction costs, economic and social development level and other factors, formulate specific payment standards for their provinces, autonomous regions and municipalities directly under the Central Government.
2) Where mangrove wetlands, peat swamp wetlands, or coastal wetlands are occupied, they shall be subject to three times the payment standard in item (1) of this article.
Those who occupy important wetlands within the scope of Daxinganling Forestry Group Company shall be levied in accordance with the wetland restoration fee payment standards in the area.
Article 8The wetland restoration fee collection department shall, within 5 working days after the occupant obtains the approval for the occupation of important wetlands in accordance with the law, calculate the amount of wetland restoration fees collected according to the actual situation of the important wetlands that have been reviewed and approved, and issue a notice of payment of wetland restoration fees to the occupying units. The payment notice shall indicate the area, type, payment standard, amount, payment method, and place of payment of important wetlands occupied.
The occupier shall pay the wetland restoration fee in a lump sum within 10 working days of receiving the notice of payment of the wetland restoration fee.
Article 9Due to the construction of wetland protection and restoration engineering facilities, wetland management units are exempt from wetland restoration fees for the wetlands under their jurisdiction.
Where laws, administrative regulations or regulations reduce, exempt or defer wetland restoration fees, follow those provisions.
Article 10In addition to the provisions of these measures, no unit or individual shall reduce, exempt or delay the collection of wetland restoration fees without authorization, and shall not change the objects, scope and standards of wetland restoration fees. The department for the collection of wetland restoration fees shall, in accordance with regulations, publicize the basis for the collection of wetland restoration fees, payment standards, collection subjects, collection procedures, etc.
Article 11The collection of wetland restoration fees shall be based on the financial affiliation of the Ministry of Finance or the financial departments of provinces, autonomous regions and municipalities directly under the Central Government's unified supervision (printing) of non-tax revenue bills.
Chapter III Storage
Article 12The wetland restoration fee levied by the competent department of forestry and grassland shall be paid in full into the national treasury;The wetland restoration fees collected by the local people's **forestry and grassland departments at or above the county level or the people's ** authorized departments at the same level shall be paid in full into the provincial treasury.
Article 13Wetland restoration fees shall be collected by the state treasury in a centralized manner, and the specific payment methods shall be implemented in accordance with the relevant provisions of the Ministry of Finance and provincial financial departments on the collection and management of non-tax revenues.
Article 14If the project of occupying an important wetland has not been implemented and has not led to a reduction in the area or quality of the wetland, as well as other matters that need to be refunded, the occupying unit shall submit an application for refund to the wetland restoration fee collection department. After examination and approval, the wetland restoration fee collection department shall apply to the financial department at the same level for the refund of the wetland restoration fee in accordance with the regulations. After receiving the application for refund, the financial sector shall handle the formalities for the refund of income in a timely manner.
Chapter IV: Use Management
Article 15Wetland restoration fees are included in the general public budget for overall arrangement and use.
Article 16The wetland restoration fee levied by the competent department of forestry and grassland shall be included in the management of the ** financial budget.
Wetland restoration fees collected by local people's forestry and grassland authorities at or above the county level and people's departments authorized by the people at the same level shall be included in the provincial financial budget management.
Article 17The payment of relevant funds shall be carried out in accordance with the relevant provisions of the centralized payment system of the state treasury. If it is within the scope of procurement management, it shall be implemented in accordance with the provisions of the procurement legal system.
Article 18Wetland restoration fees shall be subject to a system of separation of income and expenditure, and no department, unit or individual shall conceal, detain, intercept, misappropriate or sit on expenditure.
Chapter V: Legal Responsibility
Article 19Units and individuals who violate the provisions of these measures in any of the following circumstances shall be investigated for legal responsibility in accordance with the "Budget Law of the People's Republic of China", the "Regulations on the Punishment and Punishment of Fiscal Violations" and the "Interim Provisions on Administrative Sanctions for Violating the Regulations on the Management of the Separation of Revenues and Expenditures of Administrative Fees, Fines and Forfeitures" and other relevant national laws and regulations;If a crime is suspected, it shall be transferred to the relevant organs for handling in accordance with law: (1) Reducing or exempting wetland restoration fees without authorization or changing the scope, objects and standards of wetland restoration fees;(2) Concealing or paying wetland restoration fees that should be paid;(3) Detention, interception, or misappropriation of wetland restoration fees that should be paid;(4) Failing to pay wetland restoration fees into the state treasury in accordance with the prescribed budget levels and budget items;(5) Using wetland restoration fees in violation of regulations;(6) Other acts in violation of the provisions on the management of state fiscal revenues.
Article 20If the staff of the relevant departments for the collection and use of wetland restoration fees violate the provisions of these measures, and engage in favoritism, dereliction of duty, or abuse of power in the collection and use of wetland restoration fees, they shall be punished in accordance with law;and where a crime is suspected, it shall be transferred to the relevant organs for handling in accordance with law.
Chapter VI Supplementary Provisions
Article 21The financial departments of all provinces, autonomous regions and municipalities directly under the Central Government, forestry and grassland authorities may, in conjunction with the people's departments authorized by the people at the same level, formulate specific implementation rules in accordance with these measures, and report to the Ministry of Finance and the State Forestry and Grassland Administration for the record.
Article 22These measures shall be interpreted by the Ministry of Finance and the State Forestry and Grassland Administration.
Article 23The implementation period of these measures is from July 1, 2024 to June 30, 2029. After the expiration of the period, the follow-up policy shall be determined according to the relevant provisions of laws, administrative regulations and relevant provisions and the needs assessment of the wetland protection and restoration situation.