Opinions of the general office of the State Council on encouraging and supporting social capital to participate in ecological protection and restoration
Circular of the general office of the State Council on encouragement and support
Opinions on social capital participating in ecological protection and restoration
GBF [2021] No. 40
People's governments of all provinces, autonomous regions and municipalities directly under the central government, ministries and commissions under the State Council and institutions directly under the State Council:
Ecological protection and restoration is an important guarantee to keep the natural ecological security boundary and promote the overall improvement of the quality of natural ecosystem. For a long time, in some areas of China, the problem of ecosystem damage and degradation is prominent, there are many historical debts, and the tasks of ecological protection and restoration are large and wide, so it is necessary to mobilize the whole society to participate. In order to further promote the participation of social capital in ecological construction and accelerate the integrated protection and restoration of mountains, rivers, forests, fields, lakes, grass and sand, with the consent of the State Council, the following opinions are put forward.
1、 General requirements
（1） Guiding ideology.Guided by Xi Jinping's socialist ideology with Chinese characteristics in the new era, we carried out the spirit of the nineteen and nineteen second, third, fourth and fifth plenary sessions of the party in China, thoroughly implemented the ecological civilization ideology of Xi Jinping, conscientiously implemented the decision making arrangements of the Party Central Committee and the state Council, firmly established the concept of "green water Castle Peak", namely, the beautiful scenery of Jinshan and Yinshan, and fully played the decisive role of the market in the allocation of resources. Give better play to the role of the government, focus on key areas, stimulate market vitality, promote high-quality development of ecological protection and restoration, increase the supply of high-quality ecological products, maintain national ecological security, build an ecological civilization system and promote the construction of a beautiful China.
（2） Working principles.
Adhere to protection priority and system repair.Following the laws of nature, we will coordinate all elements of natural ecology, focus on natural restoration, supplemented by necessary artificial measures, enhance the relevance and coupling of various measures, promote the overall protection, system restoration and comprehensive treatment of mountains, rivers, forests, lakes, grass and sand, and improve the quality and stability of the ecosystem.
Adhere to government leadership and market operation.Give play to the role of government planning and control, policy support, regulatory services and risk prevention, unify market access, standardize market order, establish open and transparent market rules, create a fair, fair and open investment environment for social capital, build a sustainable return and reasonable exit mechanism, and realize the gain, return and return of social capital. It is strictly prohibited to carry out development in the name of ecological protection and restoration, break through the red line of cultivated land protection and ecological protection, and all kinds of acts in violation of laws and regulations.
Adhere to goal orientation and problem orientation.Focusing on the construction of an ecological protection and restoration market mechanism of "who will repair, who will benefit", we will focus on solving problems such as lack of information, financing difficulties, scattered policies, unclear incentives and support measures, and imperfect transaction mechanism and return mechanism, so as to promote the unity of ecological benefits and economic and social benefits.
Adhere to reform, innovation and coordinated promotion.We will strengthen coordination with the reform of the property right system of natural resources assets, the value realization mechanism of ecological products and the compensation mechanism for ecological protection, coordinate the necessary investment and reasonable return, unblock the channels for social capital participation and benefit, innovate incentive mechanisms, support policies and investment and financing modes, and stimulate the investment potential and innovation power of social capital.
2、 Participation mechanism
（3） Participation content.Encourage and support social capital to participate in the whole process of investment, design, restoration and management of ecological protection and restoration projects, carry out activities such as ecological product development, industrial development, scientific and technological innovation and technical services around ecological protection and restoration, and carry out life-cycle operation and management of regional ecological protection and restoration. Focus on encouraging and supporting social capital to participate in ecological protection and restoration based on the responsibility of government expenditure (including loss of responsible persons, caused by natural disasters, etc.). For the ecological protection and restoration with clear responsible persons, they shall fulfill their obligations and bear the responsibility of restoration or compensation according to law.
（4） Participation mode.
1. Independent investment mode.Social capital contributes to ecological protection and restoration alone or in the form of consortium and industrial alliance.
2. Mode of cooperation with the government.Social capital can set up funds according to the principle of marketization to invest in ecological protection and restoration projects. For projects with stable operating income, government and social capital cooperation (PPP) and other modes can be adopted. Local governments can support social capital to obtain reasonable returns by means of investment subsidies, operation subsidies and capital injection.
3. Public welfare participation model.Encourage public welfare organizations and individuals to cooperate with the government and its departments to participate in ecological protection and restoration and jointly build ecological civilization.
Social capital can obtain benefits from ecological protection and restoration in the following ways: adopt the method of "ecological protection and restoration + industrial introduction", and use the obtained natural resource asset use right or franchise right to develop appropriate industries; For the ecosystem with carbon sink capacity formed by investment and meeting relevant requirements, apply for certification of carbon sink increment and trade; Obtain income through comprehensive utilization of Resources approved by the government.
（5） Participate in the program.Actively explore flexible and efficient working procedures in combination with reality, and fully mobilize the enthusiasm of social capital to participate in ecological protection and restoration. Generally, the following procedures can be adopted:
1. Scientifically establish ecological protection and restoration projects.Adhere to the problem orientation, and determine the tasks and key projects of ecological protection and restoration according to the land spatial planning, ecological protection and restoration planning and other plans at all levels and the requirements of relevant standards.
2. Reasonably formulate ecological protection and restoration schemes.On the basis of widely soliciting social opinions, reasonably determine the ecological protection and restoration scheme of the project, clarify the ecological protection and restoration objectives or core indicators, the asset allocation of natural resources (among which the mineral resources are only limited to the sand, stone and clay that can only be used as ordinary building materials mined due to the project) and the requirements for subsequent industrial development. If the interests of relevant subjects are involved, consensus shall be reached through consultation.
3. Open competition introduces the main body of ecological protection and restoration.Publicize the ecological protection and restoration plan, corresponding natural resource asset allocation plan, various index transfer and support policies, determine the main body of ecological protection and restoration and the user of natural resource assets through competition, sign natural resource asset allocation agreements such as ecological protection and restoration agreement and land transfer contract, and clarify the restoration requirements Rights and obligations of all parties and liabilities for breach of contract.
4. Standardize the market-oriented trading of ecological protection and restoration products.Explore the establishment of trading channels for natural resource assets and ecological protection and restoration products, publicly publish product trading rules, enterprise credit rating and other information, and standardize market-oriented transactions by relying on the public resource trading platform system.
3、 Key areas
（6） Natural ecosystem protection and restoration.In view of the damaged, degraded and degraded natural ecosystems such as forests, grasslands, wetlands, deserts, rivers, lakes and deserts, we will carry out desertification prevention and control, rocky desertification prevention and control, water and soil loss control, river protection and control, wildlife population protection and restoration, biodiversity protection, land greening, artificial commercial forest construction, etc. Comprehensively improve the carbon sequestration capacity of the ecosystem, increase the increment of carbon sequestration, and encourage the development of carbon sequestration projects. Scientific assessment defines the scope of protection and construction of nature reserves, and guides local residents and public welfare organizations to participate in activities such as science popularization and education, natural experience, scientific experiments and franchise projects.
（7） Farmland ecosystem protection and restoration.In view of the farmland ecosystem with weakened ecological function, reduced biodiversity and prominent contradiction between development and utilization and ecological protection, carry out comprehensive land improvement throughout the region, implement agricultural land consolidation, construction land consolidation, rural ecological protection and restoration, land reclamation and biodiversity protection, and improve farmland habitat and conditions.
（8） Urban ecosystem protection and restoration.In view of the poor connectivity of urban ecosystems and insufficient ecological space, we will implement the construction of ecological corridors, ecologically clean small watersheds, ecological infrastructure and ecological networks to improve the quality and stability of urban ecosystems.
（9） Mine ecological protection and restoration.In view of the prominent ecological and environmental problems existing in historical mines, we will implement the treatment of hidden dangers of geological disasters, the restoration of vegetation on damaged land of mines, the restoration of damaged ecological units, etc., rebuild the ecosystem and reasonably carry out the ecological utilization after restoration; Participate in the construction of green mines and improve the level of economical and intensive utilization of mineral resources.
（10） Marine ecological protection and restoration.In view of the degradation of marine habitat, the invasion of alien species and other problems, we will implement the reclamation and return to the sea, the regulation and restoration of shoreline beaches, the comprehensive management of estuaries and bays, the maintenance of important ecological corridors in the coastal zone, the proliferation of aquatic biological resources, habitat protection, etc. Explore the ecological protection and restoration of uninhabited islands with ecological damage without changing the island's natural resources, natural landscape and historical and cultural relics, and allow appropriate ecological utilization.
（11） Explore the development of ecological industry.Encourage and support investment in circular agriculture (Forestry), ecotourism, leisure and health care, nature education, clean energy and water resources utilization, marine ecological pasture, etc; Develop economic forest industry and characteristic industries such as grass, sand, bamboo, Camellia oleifera and biomass energy; Participate in river protection and regulation, and enjoy priority rights and interests in water resources utilization and other industries according to law; Participate in the prevention and control of alien invasive species and the sustainable utilization of biological genetic resources, and promote the application of practical technologies such as efficient trapping and biological natural enemies; Carry out product certification, ecological identification, brand building, etc.
4、 Support policy
（12） Planning control.The municipal and county governments shall incorporate the spatial needs of ecological protection and restoration and the development of related industries into the land spatial planning. Encourage social capital to participate in the preparation of ecological protection and restoration plans, and reasonably arrange the scale, structure, layout and timing of various spatial land in the ecological protection and restoration area on the premise of complying with laws, regulations, policies and planning constraints. If scattered cultivated land, garden land, forest land and other agricultural land within the scope of the project need space replacement and layout optimization, it can be included in the ecological protection and restoration scheme and approved according to law; If it involves statutory examination and approval matters such as the adjustment of permanent basic farmland, the examination and approval procedures shall be handled according to law. We will implement the strictest cultivated land protection system, firmly hold the red line of cultivated land, resolutely curb the "non-agricultural" of cultivated land and prevent the "non grain" of cultivated land. After the completion of the project, the land use shall be uniformly adjusted through the annual land change survey, and the real estate registration authority shall handle the relevant real estate registration according to the land use adjustment documents.
（13） Property right incentive.For the main bodies of ecological protection and restoration that carry out ecological restoration in a centralized and continuous manner and achieve a certain scale and expected objectives, they are allowed to obtain a certain share of the right to use natural resource assets according to law and regulations and engage in the development of tourism, health care, sports, facility agriculture and other industries; Among them, the projects focusing on forest and grassland restoration can use no more than 3% of the restoration area to engage in the development of ecological industry. If the state-owned construction land invested and repaired by social capital is intended to be used for operational construction projects, under the same conditions, the subject of ecological protection and restoration has priority in open competition; Where the right to use sea areas is involved, it may be handled in accordance with laws and regulations and in accordance with the above policies. For the newly added collective agricultural land after restoration, rural collective economic organizations are encouraged to transfer their management rights to the main body of ecological protection and restoration according to law. Collective construction land after repair地，符合规划的，可根据国家统一部署稳妥有序推进农村集体经营性建设用地入市，生态保护修复主体可在同等条件下优先取得使用权。社会资本投资修复并依法获得的土地、海域使用权等相关权益，在完成修复任务后，可依法依规流转并获得相应收益。
释放产权关联权益。社会资本将修复区域内的建设用地修复为农用地并验收合格后，腾退的建设用地指标可以优先用于相关产业发展，节余指标可以按照城乡建设用地增减挂钩政策，在省域范围内流转使用。生态保护修复主体将自身依法取得的存量建设用地修复为农用地的，经验收合格后，腾退的建设用地指标可用于其在省域范围内占用同地类的农用地。
建立健全自然、农田、城镇等生态系统保护修复激励机制。研究制定生态系统碳汇项目参与全国碳排放权交易相关规则，逐步提高生态系统碳汇交易量。健全以社会捐赠方式参与生态保护修复的制度，鼓励参与自然保护地等生态保护修复。创新林木采伐管理机制，开展人工商品林自主采伐试点，引导社会资本科学编制简易森林经营方案，对具有一定经营规模的企业可单独编制森林采伐限额，经审批可依法依规自主采伐；采伐经济林、能源林、竹林以及非林地上的林木，可依据森林经营方案或规划自行设计，依法依规自主决定采伐林龄和方式。
（十四）资源利用。按照生态保护修复方案及其工程设计，对于合理削坡减荷、消除地质灾害隐患等新产生的土石料及原地遗留的土石料，河道疏浚产生的淤泥、泥沙，以及优质表土和乡土植物，允许生态保护修复主体无偿用于本修复工程，纳入成本管理；如有剩余的，由县级以上地方政府依托公共资源交易平台体系处置，并保障生态保护修复主体合理收益。
（十五）财税支持。发挥政府投入的带动作用，探索通过PPP等模式引入社会资本开展生态保护修复，符合条件的可按规定享受环境保护、节能节水等相应税收优惠政策。社会资本投资建设的公益林，符合条件并按规定纳入公益林区划的，可以同等享受相关政府补助政策。
（十六）金融扶持。在不新增地方政府隐性债务的前提下，支持金融机构参与生态保护修复项目，拓宽投融资渠道，优化信贷评审方式，积极开发适合的金融产品，按市场化原则为项目提供中长期资金支持。推动绿色基金、绿色债券、绿色信贷、绿色保险等加大对生态保护修复的投资力度。积极支持符合条件的企业发行绿色债券，用于生态保护修复工程。支持技术领先、综合服务能力强的骨干企业上市融资。允许具备条件的企业发行绿色资产证券化产品，盘活资源资产。健全森林保险制度，鼓励保险机构和有条件的地方探索开展保价值、保产量、保收入的特色经济林和林木种苗保险试点，推进草原保险试点，加大保险产品创新力度，完善灾害风险防控和分散机制。
五、保障机制
（十七）加强组织领导。各地区要将鼓励和支持社会资本参与生态保护修复纳入经济社会发展规划，建立健全统筹协调机制。要畅通渠道、听取诉求，保障社会资本合法权益，增强长期投资信心。各级自然资源主管部门要强化工作统筹，制定生态保护修复规划，明确修复任务，设立项目并确定生态保护修复目标及自然资源资产配置要求。各有关部门和单位要按职责分工，制定完善相关配套政策措施，细化操作程序，形成协同推进的工作合力。
（十八）强化示范引领。发挥骨干企业的带头引领作用，搭建混合所有制企业等合作平台，促进各类资本和产业协同。鼓励开展生态保护修复理论和方法等基础研究、关键技术研发和集成示范推广，探索导向明确、路径清晰、投入持久、回报稳定的资源导向型可持续发展模式。加强科研人才梯队建设，构建产学研用相结合的良性发展机制。
（十九）优化监管服务。建立投资促进机制，搭建信息服务平台，汇总发布各类生态保护修复项目及投资需求、政策法规标准等信息。加强督察和执法，全程全面依法监管，严格规范行为，建立信用监管机制，实现跨地区跨部门奖惩联动。生态保护修复过程中涉及地理、生态、生物等方面敏感信息采集、处理和使用的，严格按照相关规定执行。
（二十）做好宣传引导。加强法律法规政策宣传。开展生态保护修复品牌建设，充分利用各类媒体平台，提升传播力和影响力，增强社会资本参与的获得感和荣誉感，促进全社会关心支持生态保护修复事业，共同推进美丽中国建设。
国务院办公厅
2021年10月15日
