THE GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 77-CP
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Hanoi , Novermber
29, 1996
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DECREE
ON SANCTIONS AGAINST ADMINISTRATIVE VIOLATIONS IN THE FIELD
OF FOREST MANAGEMENT AND PROTECTION AND FOREST PRODUCT MANAGEMENT
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to the Law on Forest Protection and Development of August 12, 1991;
Pursuant to the Ordinance on the Handling of Administrative Violations of July
6, 1995;
At the proposal of the Minister of Agriculture and Rural Development,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Scope
and objects of regulation:
Vietnamese and foreign organizations and
individuals that intentionally or unintentionally violate the State regulations
on forest management and protection and forest product management on the
territory of the Socialist Republic of Vietnam, whether having caused no damage
or having caused damage to forests, forest land, forest products and forest
environment but not seriously enough to be examined for penal liability, shall
be administratively sanctioned under this Decree and other relevant regulations
of the Government on sanctions against administrative violations.
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1. Forest timber of various kinds including
specious and rare timber and common timber as specified by the competent State
agency, and wooden items.
2. Other forest products including forest trees
(not included in Clause 1 of this Article), forest animals, either specious and
rare or common species, as specified by the competent State agency and products
processed therefrom.
Article 3.-
Principles for determining the sanction levels:
1. If the administrative violation does not
involve aggravating factors and/or extenuating factors, the level of fine shall
be equal to the average level in the fine bracket set for such violations; if
there are extenuating factors, the level of fine may be reduced but not lower
than the minimum level in the fine bracket set for such violations; if there
are aggravating factors, the level of fine may be increased but not higher than
the maximum level in the fine bracket set for such violations.
2. The following violations shall not be
administratively sanctioned but examined for penal liability:
a/ Violations that cause damage exceeding the
maximum level of damage caused by violations liable to administrative
sanctions, as defined in Articles 4 to 14, Chapter II of this Decree.
b/ Acts of illegal exploitation, hunting,
transportation, purchase and sale of precious and rare forest trees and/or
animals having special value in many aspects as specified by the competent
State agency.
Chapter II
ACTS OF VIOLATION, FORMS
AND LEVELS OF ADMINISTRATIVE SANCTIONS
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1. A fine of 200,000 to 1,000,000 VND for an act
of destruction of:
a/ Production forest: up to 0.05 ha.
b/ Protection forest: up to 0.02 ha.
c/ Special-purpose forest: up to 0.01 ha.
2. A fine of more than 1,000,000 to 5,000,000
VND for an act of destruction of:
a/ Production forest: above 0.05 to 0.3 ha.
b/ Protection forest: above 0.02 to 0.1 ha.
c/ Special-purpose forest: above 0.01 to 0.05
ha.
3. A fine of more than 5,000,000 to 20,000,000
VND for an act of destruction of:
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b/ Protection forest: above 0.1 to 0.3 ha.
c/ Special-purpose forest: above 0.05 to 0.2 ha.
4. A fine of more than 20,000,000 to 50,000,000 VND
for an act of destruction of:
a/ Production forest: above 0.7 to 1 ha.
b/ Protection forest: above 0.3 to 0.5 ha.
c/ Special-purpose forest: above 0.2 to 0.3 ha.
5. In addition to fine, confiscation of forest
products, means used in the administrative violations (hereafter referred to as
means of violation), the violator shall be forced to restore the forest or to
pay the cost of the reforestation as defined in this Article.
Article 5.-
Illegal exploitation of forest is an act of felling forest trees, exploiting
forest products without permission of the competent State agency or with
permission but violating the regulations on the management of forest
exploitation and the management of forest products; the person who commits an
act of illegal exploitation of forests shall, depending on the quantity or
value of the illegally exploited forest products and each type of forest, be
sanctioned as follows:
1. A warning or a fine of 20,000 to 200,000 VND
for an act of carrying exploitation tools and instruments into forests without
a forest product exploiting permit of the competent State agency or an act of
illegal exploitation of production forests: up to 1 cubic meter of common
timber; 2st of firewood; other forest products valued up to 100,000 VND (at
local market prices).
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3. A fine of more than 1,000,000 to 5,000,000
VND for an act of illegal exploitation of:
a/ From more than 2 to 7 cubic meters of common
log timber in production forests; up to 5 cubic meters in protection forests
and up to 4 cubic meters in special-purpose forests.
b/ Precious and rare log timber: up to 1 cubic
meter (for all the three types of forest).
c/ Firewood: from more than 5 to 20 st.
d/ Other forest products: valued from more than
400,000 to 2,000,000 VND.
e/ Persons who are permitted to exploit forests but
who violate the regulations on forest protection in forest exploitation
(clearing creepers, cutting trees at prescribed height, clearing forest land
after exploitation...) within an area of up to 5 ha.
4. A fine of more than 5,000,000 to 20,000,000
VND for an act of exploitation of:
a/ Common timber: from more than 7 to 15 cubic
meters in production forests; above 5 to 12 cubic meters in protection forests;
from more than 4 to 10 cubic meters in special-purpose forests.
b/ Precious and rare timber: from more than 1 to
5 cubic meters.
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d/ Other forest products: valued from more than
2,000,000 to 8,000,000 VND.
e/ Persons who are permitted to exploit forests
but who violate the regulations on forest protection in forest exploitation
within an area of above 5 to 15 ha.
5. A fine of more than 20,000,000 to 50,000,000
VND for an act of exploitation of:
a/ Common log timber: from more than 15 to 25
cubic meters in production forests; from more than 12 to 20 cubic meters in
protection forests; from more than 10 to 15 cubic meters in special-purpose
forests.
b/ Precious and rare log timber: from more than
5 to 10 cubic meters.
c/ Firewood: from more than 70 to 150 st.
d/ Other forest products: valued from more than
8,000,000 to 20,000,000 VND.
e/ Persons who are permitted to exploit forests
but who violate the regulations on forest protection in forest exploitation
within an area of above 15 to 40 ha.
6. In cases of illegal exploitation in newly grown
forest where each felled tree cannot be measured in cubic meter, the destroyed
forest area shall be measured and such act shall be considered an act of
"illegal deforestation" as provided for in Article 4 of this Decree;
in case of scattered exploitation where the destroyed forest area cannot be
calculated, the total number of felled trees shall be measured in steres or the
equivalent of cubic meters, and depending on the type of illegally exploited
timber, the violation shall be handled as stipulated in Clauses 1, 2, 3, 4 and
5 of this Article.
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Article 6.-
Illegally burning forest for swiddening is an act of slashing and burning
forests for swiddening beyond the prescribed area; the person who commits such
acts shall, depending on the extent of damage and type of forests, be
sanctioned as follows:
1. A warning or a fine of 20,000 to 200,000 VND
for an act of slashing and burning:
a/ Production forest: up to 0.2 ha.
b/ Protection forest: up to 0.1 ha.
c/ Special-purpose forest: up to 0.05 ha.
2. A fine of more than 200,000 to 1,000,000 VND
for an act of slashing and burning:
a/ Production forest: from above 0.2 to 0.5 ha.
b/ Protection forest: from above 0.1 to 0.3 ha.
c/ Special-purpose forest: from above 0.05 to
0.1 ha.
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a/ Production forest: from above 0.5 to 1 ha.
b/ Protection forest: from above 0.3 to 0.5 ha.
c/ Special-purpose forest: from more than 0.1 to
0.3 ha.
4. In addition to a warning or fine, the
violator shall have his/her forest products and violation means confiscated,
and be forced to restore the forest or to pay the cost of reforestation as
prescribed in this Article.
Article 7.-
Violations of the regulations of prevention and fight against forest fires are
acts of violating the regulations on prevention and fight against forest fires
or causing forest fires; the persons who commit such acts shall be sanctioned
as follows:
1. A warning or a fine of 20,000 to 200,000 VND
for an act of:
a/ Making a fire in the forest where fire is
prohibited.
b/ Carrying explosives and inflammable materials
into the forest where such materials are prohibited.
c/ Throwing or bunging embers into the forests
where such things are prohibited.
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3. A fine of more than 1,000,000 to 5,000,000
VND for an act of provoking a forest fire in:
a/ Production forest: up to 0.3 ha.
b/ Protection forest: up to 0.1 ha.
c/ Special-purpose forest: up to 0.05 ha.
4. A fine of more than 5,000,000 to 20,000,000
VND for an act of provoking forest fire in:
a/ Production forest: above 0.3 to 1 ha.
b/ Protection forest: above 0.1 to 0.5 ha.
c/ Special-purpose forest: above 0.05 to 0.2 ha.
5. A fine of more than 20,000,000 VND to
50,000,000 VND for an act of provoking a forest fire in:
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b/ Protection forest: above 0.5 to 1 ha.
c/ Special-purpose forest: above 0.2 to 0.5 ha.
6. In addition to warning or fine, the violator
shall be obliged to restore the forest or to pay the cost of the reforestation
as prescribed in this Article.
Article 8.-
Violations of the regulations on prevention and fight against harmful insects
and diseases in forests are the forest owners�
failure to take adequate measures to prevent and fight
harmful insects and diseases, thus causing damage to the forests; the person
who commits such acts shall, depending on the extent of his/her violations, be
sanctioned as follows:
1. A warning or a fine of 20,000 to 200,000 VND
for the damage caused to a forest area of up to 1 ha as a result of such
negligence.
2. A fine of more than 200,000 to 1,000,000 VND
for the damage to a forest area of from more than 1 to 5 ha as a result of such
negligence.
3. A fine of more than 1,000,000 to 5,000,000
VND for the damage to a forest area of more than 5 to 10 ha as a result of such
negligence.
4. A fine of more than 5,000,000 to 10,000,000
VND for the damage to a forest area of more than 10 to 20 ha as a result of
such negligence.
5. In addition to warning or fine, the violator
stipulated in this Article shall be forced to take measures to overcome the
consequences caused by harmful insects and diseases.
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1. A warning or a fine of 20,000 to 200,000 VND
for an act of grazing cattle in :
a/ Production forest: up to 0.3 ha.
b/ Protection forest: up to 0.2 ha.
c/ Special-purpose forest: up to 0.1 ha.
2. A fine of more than 200,000 to 1,000,000 VND
for an act of grazing cattle in:
a/ Production forest: from above 0.3 ha to 1 ha.
b/ Protection forest: from above 0.2 to 0.5 ha.
c/ Special-purpose forest: from above 0.1 to 0.3
ha.
3. A fine of more than 1,000,000 to 2,000,000
VND for an act of grazing cattle in:
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b/ Protection forest: from more than 0.5 to 1
ha.
c/ Special-purpose: from more than 0.3 to 0.5
ha.
4. In addition to warning or fine, the violator
stipulated in this Article shall be forced to restore the forest or pay the
cost of reforestation.
Article 10.-
Illegal hunting of forest animals is an act of hunting forest animals without
permission of the competent State agency or with permission but violating the
regulations on management of forest animals (species, areas and seasons,
methods and instruments banned from hunting); a person who commits such acts
shall be sanctioned as follows:
1. A warning or a fine of 50,000 to 5,000,000
VND for an act of:
a/ Hunting forest animals without permits of the
competent State agency.
b/ Using banned hunting methods and means.
2. A fine of more than 500,000 to 2,000,000 VND
for an act of:
a/ Hunting forest animals in no-hunting area.
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3. A fine of more than 2,000,000 to 10,000,000
VND for an act of:
a/ Hunting precious and rare forest animals in
contravention of law but not seriously enough to be examined for penal
liability.
b/ Violations provided for in Clauses 1 and 2 of
this Article and acts of hunting common forest animals in large numbers but not
seriously enough to be examined for penal liability.
4. In addition to warning or fine, the violator
shall have his/her illegally hunted animals and violation means confiscated and
be forfeited of the right to use permits for hunting forest animals as
prescribed in this Article.
Article 11.-
Causing damage to forest land is an act of violating the regulations on the
protection of forest land such as excavating, explosive-mining or defertilizing
the forest land; building structures that obstruct water for living,
discharging waste water and toxic matters into forest land; the person who
commits such acts shall, depending on the damage caused and each type of forest
land, be sanctioned as follows:
1. A warning or a fine of 20,000 to 200,000 VND
for violations which have been detected but have not caused any damage to the
forest land.
2. A fine of more than 200,000 to 1,000,000 VND
for acts of causing damage to:
a/ Production forest land: up to 0.2 ha.
b/ Protection forest land: up to 0.1 ha.
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3. A fine of more than 1,000,000 to 5,000,000
VND for acts of causing damage to:
a/ Production forest land: above 0.2 to 1 ha.
b/ Protection forest land: above 0.1 to 0.6 ha.
c/ Special-purpose forest land: above 0.05 to
0.3 ha.
4. A fine of more than 5,000,000 to 10,000,000
VND for acts of causing damage to:
a/ Production forest land: above 1 to 2 ha.
b/ Protection forest land: above 0.6 to 1.2 ha.
c/ Special-purpose forest land: above 0.3 to 0.7
ha.
5. Besides the warning or fine, the violator
defined in this Article shall be forced to take measures to overcome consequences
of his/her act.
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1. A warning or a fine of 20,000 to 200,000 VND
in the following cases:
a/ Common timber: up to 1 cubic meter of log
timber.
b/ Firewood: up to 2 st.
c/ Other forest products: valued up to 100,000
VND (at local market price).
2 A fine of more than 200,000 to 1,000,000 VND
for:
a/ Common timber: from more than 1 to 3 cubic
meters of log timber.
b/ Precious and rare wood: up to 0.5 cubic meter
of log timber.
c/ Firewood: from more than 2 to 6 st.
d/ Other forest products: valued from more than
100,000 to 500,000 VND.
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a/ Common timber: from more than 3 to 10 cubic
meters of log timber.
b/ Precious and rare timber: from more than 0.5
meter to 3 cubic meters of log timber.
c/ Firewood: from more than 6 to 25 st.
d/ Other forest products: valued from more than
500,000 to 2,500,000 VND.
4. A fine of more than 5,000,000 to 20,000,000
VND for:
a/ Common timber: from more than 10 to 25 cubic
meters of log timber.
b/ Precious and rare timber: from more than 3 to
10 cubic meters of log timber.
c/ Firewood: from more than 25 to 80 st.
d/ Other forest products: valued from more than
2,500,000 to 10,000,000 VND.
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a/ Common timber: from more than 25 to 40 cubic
meters of log timber.
b/ Precious and rare timber: from more than 10
to 15 cubic meters of log timber.
c/ Firewood: from more than 80 to 200 st.
d/ Other forest products: valued from more than
10,000,000 to 30,000,000 VND.
6. A fine of from more than 50,000,000 to
100,000,000 VND for:
a/ Common timber: from more than 40 to 70 cubic
meters of log timber.
b/ Precious and rare timber: from more than 15
to 25 cubic meters of log timber.
c/ Other forest products: valued from more than
30,000,000 to 50,000,000 VND.
7. In addition to warning or fine, the violator
shall have his/her forest products and violation means confiscated and be
forfeited of the right to use the permit for transporting forest products as
prescribed in this Article.
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Article 13.- Violations
of the regulations on wood and forest product processing:
1. A fine of 2,000,000 to 10,000,000 VND for an
act of processing wood and forest products without permit for wood and forest
product processing issued by the competent State agency.
2. The wood and forest products which are
processed without lawful sources of exploitation, purchase and sale shall be
handled in accordance with Article 12 of this Decree.
3. In addition to fine, the violator shall be
suspended from operation, and have his/her forest products and violation means
confiscated as prescribed in this Article.
Article 14.- Violations
of the regulations on procedures for forest product declaration and check are
acts of violating the procedures for declaring and submitting to forest product
check while transporting them through Regional Forest Product Re-checking
Stations or failing to make a declaration when importing and/or exporting
forest products for wood and forest product processing; the following sanctions
shall be imposed on persons who commit one of the following violations:
1. A warning or a fine of 50,000 to 500,000 VND
for an act of transporting forest products without making a declaration and
submitting to forest product check at the prescribed place.
2. A fine of 1,000,000 to 5,000,000 VND for an
act of failing to observe the procedures for declaration and check when
importing and/or exporting forest products.
3. Wood and forest products which have no lawful
sources of exploitation, purchase and sale shall be handled in accordance with
Article 12 of this Decree.
Chapter III
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Section I. COMPETENCE TO
SANCTION ADMINISTRATIVE VIOLATIONS
Article 15.- Competence
of the members and head of the Ranger Service at all levels to sanction
administrative violations:
1. Rangers on duty can serve a warning or a fine
of up to 100,000 VND; temporarily seize the illegal forest products, violation
means and report to their immediate superiors for settlement.
2. The Head of Ranger Station or of Mobile
Ranger Team can serve a warning or a fine of up to 1,000,000 VND; confiscate
the illegal forest products specified in the sanctioning bracket within their
competence, confiscate the violation means valued up to 10,000,000 VND. In cases
where the violator is forced to replant the forest or pay the expenses for
reforestation, he shall report to his immediate superior for settlement.
3. The Head of a Regional Ranger Station, the
Head of a Regional Forest Product Re-checking Station can serve a warning or a
fine of up to 2,000,000 VND; propose to the competent State agency to withdraw
the permit; confiscate the illegal forest products specified in the sanctioning
brackets within their competence, confiscate the violation means valued up to
20,000,000 VND; force the violator to replant the forest or pay the expenses
for reforestation.
4. The Director of the provincial Ranger Service
can serve a warning or fine of up to 5,000,000 VND; forfeit the right to use
the permit within his competence, or request the competent State agency to
withdraw the permit if this is beyond his competence; confiscate the illegal
forest products specified in the sanctioning bracket within his/her competence,
confiscate the violation means; force the violator to replant the forest or pay
the expenses for reforestation.
5. The Director of the Ranger Department can
serve a warning or a fine of up to 20,000,000 VND; forfeit the right to use the
permit within his/her competence, or request the competent State agency to
withdraw permit if this is beyond his/her competence; confiscate the illegal
forest products specified in the sanctioning brackets within his/her
competence, confiscate the violation means; force the violator to replant the
forest or pay the expenses for reforestation.
Article 16.-
Competence of the President of the People’s Committee of all levels to impose
sanctions against administrative violations:
1. The President of the People’s Committee of
commune, ward or township (hereafter referred to as commune) can serve a
warning or a fine of up to 200,000 VND; temporarily seize the illegal forest
products and report to the local ranger service for settlement, confiscate the
violation means valued up to 500,000 VND, order compensations for damage valued
up to 500,000 VND caused by the administrative violation.
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3. The President of the People’s Committee of a
province and city directly under the Central Government (hereafter referred to
as province) can serve a warning or fine of up to 100,000,000 VND; forfeit the
right to use the permit within their competence, or request the competent State
agency to withdraw the permit if this is beyond their competence; confiscate
the illegal forest products and violation means; force the violator to restore
the forest or bear the cost of reforestation.
4. The local ranger service of various levels
has the responsibility to assist the People�s
Committee of the same level in considering and deciding sanctions against
administrative violations and organizing the execution of such decisions.
Article 17.-
Delegation of authority to impose sanctions against administrative violations:
Where a person with competence to impose
sanctions against administrative violations defined in Clauses 2, 3, 4 and 5 of
Article 15 and Clauses 1, 2 and 3 of Article 16 of this Decree delegates the
authority to his/her deputies, the authorized persons shall handle the affair
according to the competence of their principal.
Article 18.- The
specialized agencies such as the People�s Security Force, the Customs Service, the Taxation Agency,
the Market Management Agency and the Specialized Inspectorate shall have to
closely coordinate with the Ranger Service in supervising, inspecting and
preventing administrative violations in the field of forest management and
protection and forest product management; upon detecting violations they shall
make records thereof and hand the dossiers and material evidences to the Ranger
Service for handling in accordance with provisions of law.
Article 19.-
Handling cases which are beyond the competence to impose sanctions against
administrative violations:
If the violation is beyond the sanction brackets
under its sanctioning competence, an agency must compile dossier and
immediately submit it to the competent level for handling; in particular, the
temporarily seized illegal forest products and violation means shall not have
to be transferred to another place pending the sanctioning decision of the
competent agency. After receiving the sanctioning decision, the Ranger Office
shall have to execute it. Imposing sanctions ultra vires is strictly forbidden.
Section II. PROCEDURES FOR
IMPOSING SANCTIONS AGAINST ADMINISTRATIVE VIOLATIONS
Article 20.-
Stoppage of administrative violations:
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Article 21.-
Making records on administrative violations:
The persons with competence to impose sanctions
shall, upon detecting violations of the regulations on forest management and
protection and forest product management, make a written record on the
administrative violation as prescribed in Article 37 of the Ordinance on the
Handling of Administrative Violations, except in cases where sanctions are made
through simple procedures stipulated in Article 46 of the Ordinance on the
Handling of Administrative Violations.
After making an initial report on the administrative
violations, if there are not enough evidences, the person with competence to
impose sanctions shall have to promptly conduct the investigation, verification
and make a report on verification.
Article 22.-
Application of preventive measures:
Where it is necessary to prevent in time an
administrative violation or to ensure effectiveness of the handling of the
violation, the Ranger Service is entitled to apply the following preventive
measures:
1. Temporary detention and the body search of
the suspected violator according to administrative procedures, pursuant to
provisions of Articles 39, 40 and 42 of the Ordinance on the Handling of
Administrative Violations.
2. Temporary seizure of material evidences and
violation means according to administrative procedures, pursuant to Article 41
of the Ordinance on the Handling of Administrative Violations.
3. When there are grounds to determine that
there are in transport means or other objects hidden illegal forest products as
defined in Article 43 of the Ordinance on the Handling of Administrative
Violations, the rangers who are in charge of checking and investigating forest
products can use signal flags, sign boards, whistle or signal lights to order
the drivers of land or water transport means to stop for a check of forest
products.
4. The rangers on duty, upon detecting a blatant
violation of legislation on forest management and protection and forest product
management, can search the forest site and place where illegal forest products
are hidden, as prescribed by law.
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Article 23.-
Sanctioning decisions:
The person having competence to impose
sanctions, after determining the acts and extent of violations, must base
themselves on the factors defined in Clause 5, Article 3 of the Ordinance on
the Handling of Administrative Violations and Clauses 1, 2 and 3 of this Decree
to consider and decide the proper form and level of sanction.
The sanction shall be decided in accordance with
procedures prescribed in Article 48 of the Ordinance on the Handling of
Administrative Violations.
Article 24.-
Collection and payment of fines:
An individual and/or an organization subject to
fine shall have to pay the fine at the place indicated in the sanctioning
decision and shall be given receipt of fine collection. The fine thus collected
must be remitted to the State budget via the account at the State Treasury.
A decision to impose fine of 2,000,000 VND or
more must be submitted to the People�s
Procuracy of the same level.
Article 25.-
Confiscation of material evidences and means used for administrative
violations:
The principles for confiscating illegal forest
products and violation means are as follows:
1. To confiscate forest products having no
lawful sources of exploitation, purchase or sale, especially specious and rare
forest products and products not permitted for use by the competent State
agency.
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3. For material evidences in the administrative
violations, which are perishable commodities and articles, the person issuing
the sanctioning decision shall have to make a record and immediately organize
the sales. The proceeds therefrom must be remitted to the State budget via the
account at the State Treasury.
4. When detecting and catching an individual or
organization in the act of committing violations causing damage to forests in
areas under their management, the forest owners shall make a written report,
temporarily seize the forest products and violation means and submit the
dossier to the local ranger service for handling. The local ranger service,
after issuing the decision on sanction against the violator, shall return the
seized forest products to the forest owner, who has to bear all the actual cost
incurred by the ranger office in handling the violation.
In case the forest owner cannot detect the
violator, after issuing the decision to impose sanction against the violator,
the ranger office shall not have to return the seized forest products to the
forest owner but shall put them on sale and remit the proceeds to the State
budget in accordance with current regulations. With regard to the forest
products from planted forests invested by individuals or organizations, the
ranger service shall return the seized forest products to the forest owner,
who, however, shall have to bear the actual cost incurred by the ranger office
in handling the violation.
Article 26.- The
execution of the sanctioning decision, the forcible execution of the
sanctioning decision, the statute of limitation for the execution of the
sanctioning decision against an administrative violation shall be carried out
in accordance with provisions of Articles 54, 55 and 56 of the Ordinance on the
Handling of Administrative Violations.
Article 27.- The
handling of material evidences and means used for administrative violations:
With regard to the illegal forest products and
violation means which have been confiscated, the ranger service shall have to
keep and preserve them against loss or degeneration. After 10 days from the
date the violator receives the sanctioning decision and makes no complaint, the
ranger service shall coordinate with the local financial agency in handling the
violation as follows:
1. For precious and rare timber and forest
products, the financial agency shall set up an evaluation council and organize
the auction to those who are entitled to use them in accordance with current
regulations.
2. Precious and rare timber and forest products
which are 50 % or more under standard; items processed from wood in small quantities
and scattered manner; and common wood shall be sold to those who are entitled
to use them at prices set by the provincial People�s Committee.
3. Other forest products (not specified for in
Clauses 1 and 2 of this Article) shall be sold at local market prices.
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5. The confiscated means shall be put on auction
in accordance with current regulations.
6. Proceeds from the sale of illegal forest
products and/or violation means defined in Articles 25 and 27 and fines specified
in Article 24 of this Decree shall be remitted to the State Treasury. The
financial agency shall have to ratify the payment of actual expenses such as
those for fuel, gasoline, loading and unloading, transport, maintenance of the
confiscated material evidences and means, evaluation, verification and handling
thereof, bonuses for those who discover and denounce, as prescribed by current
provisions of law.
Chapter IV
HANDLING OF VIOLATIONS
Article 28.-
Handling of violations committed by persons with competence to impose sanctions
against administrative violations and persons who are sanctioned for their
administrative violations:
A person with competence to impose sanctions
against administrative violations extorts, tolerates or covers up, does not handle
violations promptly and properly, or sanctions ultra vires, expropriates and/or
illegally uses money, material evidences, violation means, and/or obstructs
production and circulation of forest products, he/she shall, depending on the
nature and extent of his/her violation, be disciplined or examined for penal
liability; if material losses are caused, compensations must be made in
accordance with the provisions of law.
If the person who is sanctioned for an
administrative violation commits an offense against the person(s) on duty, or
delays (in submitting) or rescues material evidences, violation means, evades
the execution of sanctions, or commits other offenses, he/she shall, depending
on the nature and extent of their violations, be forced to comply with
effective sanctioning decisions and additionally fined 200,000 to 5,000,000 VND
by the persons with competence to impose sanctions, defined in Clauses 2, 3, 4
and 5 Article 15 and Clauses 1, 2 and 3 Article 16 of this Decree or examined
for penal liability; if material losses are caused, compensations must be made
in accordance with the provisions of law.
Article 29.-
Settlement of complaints and denunciations:
The settlement of complaints and denunciations
shall be conducted in accordance with the provisions of Articles 87 to 90,
Chapter VIII of the Ordinance on the Handling of Administrative Violations and
the Ordinance on the Procedures for Settling Administrative Cases of May 21,
1996.
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a/ If a ranger or the Head of a Ranger Station
issues the sanctioning decision, complaints shall be lodged to the Head of the
Regional Ranger Office.
b/ If the President of the People’s Committee of
a commune issues the sanctioning decision, complaints shall be lodged to the
President of the People�s
Committee of the district.
c/ If the Head of the Regional Ranger Office,
the Head of the Regional Forest Product Re-checking Office, the Head of a
Mobile Ranger Team issues the sanctioning decision, the complaint shall be
lodged to the Director of the Provincial Ranger Service.
d/ If the President of the district People’s
Committee or the Director of the Provincial Ranger Service issues the
sanctioning decision, the complaint shall be lodged to the President of the
provincial People’s Committee.
e/ If the Director of the Ranger Department, the
President of the provincial People’s Committee issues the sanctioning decision,
the complaint shall be lodged to the Minister of Agriculture and Rural
Development.
2. All individuals and organizations have the
right to complain to the competent State agency about law-breaking acts of
violators including the competent persons.
Chapter V
IMPLEMENTATION PROVISIONS
Article 30.- This
Decree takes effect from the date of its signing.
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Article 31.- The
Minister of Agriculture and Rural Development shall have to guide and organize
the implementation of this Decree, elaborate and issue the system of model
forms to ensure the implementation of legal procedures for imposing sanctions
against administrative violations in the field of forest management and
protection and forest product management provided for in this Decree.
Article 32.- The
Ministers, the Heads of the ministerial-level agencies, the Heads of the
agencies attached to the Government, the Presidents of the People’s Committees
of the provinces and cities directly under the Central Government shall have to
implement this Decree.
]
ON BEHALF OF
THE GOVERNMENT
FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Phan Van Khai