THE
GOVERNMENT
-------
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
------------
|
No:
17/2002/ND-CP
|
Hanoi,
February 08, 2002
|
DECREE
AMENDING AND
SUPPLEMENTING A NUMBER OF ARTICLES OF THE GOVERNMENT�S DECREE No.77/CP OF NOVEMBER 29, 1996 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 December 25, 2001;
Pursuant to the Law on Forest Protection and Development of August 12, 1991;
Pursuant to the 1999 Penal Code;
Pursuant to the Ordinance on Handling of Administrative Violations of July 6,
1995;
At the proposal of the Minister of Agriculture and Rural Development,
DECREES:
Article 1.- To amend and supplement a
number of articles of the Government’s Decree No.77/CP of November 29, 1996 on
sanctions against administrative violations in the field of forest management
and protection and forest product management as follows:
1. To amend and supplement Article 4 as follows:
"Article 4.- Illegal deforestation
means an act of felling or slashing and burning forests and all other acts not
permitted by competent State agencies or permitted but carried out in
contravention of the permits, thus causing damage to forest of any type, which
shall be sanctioned according to the following levels:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
a/ Destroying production forests, up to 0.02 ha.
b/ Destroying protection forests, up to 0.01 ha.
c/ Destroying special-use forests, up to 0.007
ha or equivalent in kind with the concrete values as follows:
- Common timber, for up to 0.2 m3 of log timber.
- Firewood, for up to 1 stere.
- Other forest products with a value of up to
VND 100,000 (according to the local market prices).
2. A fine of from over VND 200,000 to VND
500,000 for one of the following acts of violation:
a/ Destroying production forests, from over 0.02
ha to 0.1 ha.
b/ Destroying protection forests, from over 0.01
ha to 0.05 ha.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
- Common timber, from over 0.2 m3 to 0.5 m3 of
log timber.
- Firewood, from over 1 stere to 4 steres.
- Other forest products with a value of between
VND 100,000 and VND 500,000 (according to the local market prices).
3. A fine of from over VND 500,000 to VND
2,000,000 for one of the following acts of violation:
a/ Destroying production forests, from over 0.1
ha to 0.2 ha.
b/ Destroying protection forests, from over 0.05
ha to 0.1 ha.
c/ Destroying special-use forests, from over
0.03 ha to 0.07 ha, or equivalent in kind with the concrete values as follows:
- Common timber, from over 0.5 m3 to 1 m3 of log
timber.
- Precious and rare timber, up to 0.5 m3 of log
timber.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
- Other forest products with a value of between
VND 500,000 and VND 2,000,000 (according to the local market prices).
4. A fine of from over VND 2,000,000 to VND
10,000,000 for one of the following acts of violation:
a/ Destroying production forests, from over 0.2
ha to 0.3 ha.
b/ Destroying protection forests, from over 0.1
ha to 0.2 ha.
c/ Destroying special-use forests, from over
0.07 ha to 0.1 ha, or equivalent in kind with concrete values as follows:
- Common timber, from over 1 m3 to 5 m3 of log
timber.
- Precious and rare timber, from over 0.5 m3 to
2 m3 of log timber.
- Firewood, from over 10 steres to 25 steres.
- Other forest products with a value of between
VND 2,000,000 and VND 10,000,000 (according to the local market prices).
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
a/ Destroying production forests, from over 0.3
ha to 0.5 ha.
b/ Destroying protection forests, from over 0.2
ha to 0.3 ha.
c/ Destroying special-use forests, from over 0.1
ha to 0.2 ha, or equivalent in kind with values as follows:
- Common timber, from over 5 m3 to 8 m3 of log
timber.
- Precious and rare timber, from over 2 m3 to 4
m3 of log timber.
- Firewood, from over 25 steres to 30 steres.
- Other forest products with a value of between
VND 10,000,000 and VND 20,000,000 (according to the local market prices).
6. Persons who commit acts of violation
prescribed in this Article shall, in addition to warning or fines, also be
subject to the following additional sanctioning measures:
a/ Confiscation of forest products, means and/or
instruments already used for committing the administrative violations.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
7. The confiscation of forest products, means
and/or instruments used in the administrative violations prescribed at Point a,
Item 6, Clause 1 of this Article shall comply with the provisions of Item 12,
Clause 9, Article 1 of this Decree."
2. To amend and supplement Article 5 as follows:
"Article 5.- Illegal exploitation of
forests means acts of felling forest trees or exploiting forest products without
permission of competent State agencies or in contravention of the regulations
on forest exploitation management, which shall be sanctioned as follows:
1. Warning or a fine of between VND 100,000 and
VND 200,000 for one of the following acts of violation:
a/ Illegally exploiting forest products in
production forests:
- Common timber, up to 0.5 m3 of log timber.
- Firewood, up to 2 stere.
- Other forest products with value of up to VND
300,000 (according to the local market prices).
b/ Illegally exploiting forest products in
protection forests:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
- Firewood, up to 1 steres.
- Other forest products with a value of up to
VND 200,000 (according to the local market prices).
2. A fine of from over VND 200,000 to VND 500,000
for one of the following acts of violation:
a/ Illegally exploiting forest products in
production forests:
- Common timber, from over 0.5 m3 to 1 m3 of log
timber.
- Firewood, from over 2 steres to 8 steres.
- Other forest products with a value of from
over VND 300,000 to VND 1,500,000 (according to the local market prices).
b/ Illegally exploiting forest products in
protection forests:
- Common timber, from over 0.3 m3 to 0.7 m3 of
log timber.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
- Other forest products with a value of from
over VND 200,000 to VND 1,000,000 (according to the local market prices).
3. A fine of from over VND 500,000 to VND
2,000,000 for one of the following acts of violation:
a/ Illegally exploiting forest products in
production forests:
- Common timber, from over 1 m3 to 3 m3 of log
timber.
- Precious and rare timber, up to 1 m3 of log
timber.
- Firewood, from over 8 steres to 20 steres
- Other forest products with a value of from
over VND 1,500,000 to VND 6,000,000 (according to the local market prices).
b/ Illegally exploiting forest products in
protection forests:
- Common timber, from over 0.7 m3 to 2 m3 of log
timber.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
- Firewood, from over 5 steres to 15 steres.
- Other forest products with a value of from
over VND 1,000,000 to VND 4,000,000 (according to the local market prices).
4. A fine of from over VND 2,000,000 to VND
10,000,000 for one of the following acts of violation:
a/ Illegally exploiting forest products in production
forests:
- Common timber, from over 3 m3 to 10 m3 of log
timber.
- Precious and rare timber, from over 1 m3 to 4
m3 of log timber.
- Firewood, from over 20 steres to 30 steres
- Other forest products with a value of from
over VND 6,000,000 to VND 25,000,000 (according to the local market prices).
b/ Illegally exploiting forest products in
protection forests:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
- Precious and rare timber, from over 0.7 m3 to
3 m3 of log timber.
- Firewood, from over 15 steres to 25 steres.
- Other forest products with a value of from
over VND 4,000,000 to VND 15,000,000 (according to the local market prices).
5. A fine of from over VND 10,000,000 to VND
20,000,000 for one of the following acts of violation:
a/ Illegally exploiting forest products in
production forests:
- Common timber, from over 10 m3 to 15 m3 of log
timber.
- Precious and rare timber, from over 4 m3 to 7
m3 of log timber.
- Firewood, from over 30 steres to 50 steres
- Other forest products with a value of from
over VND 25,000,000 to VND 50,000,000 (according to the local market prices).
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
- Common timber, from over 6 m3 to 10 m3 of log
timber.
- Precious and rare timber, from over 3 m3 to 5
m3 of log timber.
- Firewood, from over 25 steres to 40 steres.
- Other forest products with a value of from
over VND 15,000,000 to VND 25,000,000 (according to the local market prices).
6. In case of illegal exploitation of young forest
trees, each of which cannot be calculated in cubic meter, the destroyed forest
area shall be measured and such act shall be handled like the act of
"illegal deforestation" prescribed at Clause 1, Article 1 of this
Decree; in cases of exploitation of scattered trees for which the destroyed
forest area cannot be calculated, the total number of felled trees shall be
measured in steres and converted into cubic meters, and depending on the type
of the illegally exploited timber, the violation shall be handled according to
the provisions of Item 1, 2, 3, 4 or 5, Clause 2, Article 1 of this Decree.
7. Persons who commit acts of exploiting forest
products involving 2 or more types of timber (common and precious and rare)
with the total volume exceeding the maximum level for common timber prescribed
at Points a and b, Item 5, Clause 2, Article 1 of this Decree, shall be
examined for penal liability.
8. Persons who commit acts of violation
prescribed this Article shall, in addition to warning or fines, be subject to
the application of the following additional sanctioning measures:
a/ Revocation of their forest
product-exploitation permits;
b/ Confiscation of forest products, means and/or
instruments used for committing the administrative violations.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
9. The revocation of forest product-exploitation
permits prescribed at Point a, Item 8, Clause 2, Article 1 of this Decree shall
be effected under decisions of the persons competent to handle administrative violations.
The confiscation of forest products, means
and/or instruments used in the administrative violations prescribed at Point b,
Item 8, Clause 2, Article 1 of this Decree shall comply with the provisions of
Item 12, Clause 9, Article 1 of this Decree."
3. To amend and supplement Article 6 as follows:
"Article 6.- Acts of illegally
slashing and burning forests for milpa farming beyond the prescribed area, thus
causing damage to forest of any type shall be sanctioned as follows:
1. Warning or a fine of between VND 100,000 and
VND 200,000 for one of the following acts of violation:
a/ Slashing and burning production forests, up
to 0.1 ha.
b/ Slashing and burning protection forests, up
to 0.05 ha.
c/ Slashing and burning special-use forests, up
to 0.02 ha.
2. A fine of from over VND 200,000 to VND
500,000 for one of the following acts of violation:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
b/ Slashing and burning protection forests, from
over 0.05 ha to 0.1 ha
c/ Slashing and burning special-use forests,
from over 0.02 ha to 0.05 ha.
3. A fine of from over VND 500,000 to VND
1,000,000 for one of the following acts of violation:
a/ Slashing and burning production forests, from
over 0.3 ha to 0.5 ha.
b/ Slashing and burning protection forests, from
over 0.1 ha to 0.2 ha
c/ Slashing and burning special-use forests,
from over 0.05 ha to 0.1 ha.
4. Persons who commit acts of violation
prescribed in this Article shall, in addition to warning or fines, be subject
to the following additional sanctioning measures:
a/ Confiscation of forest products, means and/or
instruments used for committing administrative violations.
b/ Forcible reforestation or payment of the
reforestation costs.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
4. To amend and supplement Article 7 as follows:
"Article 7.- Violations of the
regulations on forest-fire prevention and fight means acts of breaching the
regulations on forest-fire prevention and fight or causing forest fires, which
shall be sanctioned as follows:
1. Warning or a fine of between VND 50,000 and
VND 200,000 for one of the following acts of violation:
a/ Setting a fire in forests where it is so
banned.
b/ Bringing explosives and/or inflammables into
forests where it is so banned.
c/ Throwing or discharging burning ash into
forests where it is so banned.
2. A fine of between VND 500,000 and VND
2,000,000 on forest owners who violate law provisions on forest fire prevention
and fight.
3. A fine of from over VND 200,000 to VND
2,000,000 for an act of causing damage to the area of forest of one of the
following types:
a/ Production forest, up to 0.2 ha.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
c/ Special-use forest, up to 0.05 ha.
4. A fine of from over VND 2,000,000 to VND
10,000,000 for an act of causing damage to the area of forest of one of the
following types:
a/ Production forest, from over 0.2 ha to 0.5
ha.
b/ Protection forest, from over 0.1 ha to 0.3
ha.
c/ Special-use forest, from over 0.05 ha to 0.2
ha.
5. A fine of from over VND 10,000,000 to VND
20,000,000 for an act of causing damage to the area of forest of one of the
following types:
a/ Production forest, from over 0.5 ha to 1 ha.
b/ Protection forest, from over 0.3 ha to 0.5
ha.
c/ Special-use forest, from over 0.2 ha to 0.3
ha.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
5. To amend and supplement Article 8 as follows:
"Article 8.- Violations of the
regulations on prevention and elimination of harmful forest insects and
diseases means acts of failing to fully follow measures to prevent and
eliminate harmful forest insects and diseases by forest owners, which shall be
sanctioned as follows:
1. Warning or a fine of between VND 200,000 and
VND 2,000,000 for one of the following acts:
a/ Failing to check and detect in time harmful
forest insects and/or diseases by forest owners.
b/ Failing by forest owners to organize the
elimination of harmful forest insects and/or diseases and/or to report thereon
to the competent agency for handling upon the detection thereof.
2. A fine of from over VND 100,000 to VND
1,000,000 for a forest owner who uses forest insecticides not on the
State-prescribed list prescribed.
3. Persons who commit acts of violation
prescribed in this Article shall, in addition to warning or fines, be subject
to the forcible overcoming of consequences caused by such insects and/or
diseases."
6. To amend and supplement Article 9 as follows:
"Article 9.- Illegally grazing cattle
in forests means acts of grazing cattle in forests where it is so prohibited,
which shall be sanctioned as follows:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. Persons who commit acts of violation
prescribed in this Article shall, in addition to warning or fines, be subject
to the forcible reforestation or payment of the reforestation costs."
7. To amend and supplement Article 10 as
follows:
"Article 10.- Violations of the
regulations on wild animal protection means acts of hunting, catching, killing,
purchasing, selling, storing, raising in cages, transporting or using precious
and rare as well as common wild animals (including products thereof)
originating from the nature without permission of competent State agencies or
with permission but in violation of the regulations on wild animal management
regime, which shall be sanctioned as follows:
1. Warning or a fine of between VND 100,000 and
VND 500,000 for one of the following acts:
a/ Hunting, catching, purchasing, selling or
transporting wild animals without permits issued by the competent State
agencies.
b/ Using methods and/or instruments of
destructive nature such as guns, toxic matters, explosives, voltage impulse,
nets, magnetic tapes... for hunting and catching.
2. Warning or a fine of from over VND 500,000 to
VND 1,000,000 for one of the following acts:
a/ Hunting and catching wild animals in
no-hunting areas.
b/ Hunting and catching wild animals during
no-hunting (breeding) season.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
a/ Common wild animals with a value of up to VND
10,000,000 (according to local market prices).
b/ Precious and rare wild animals (group IIB)
with a value of up to VND 5,000,000 (according to local market prices)
c/ Insects with the number of samples ranging
from 50 to 500.
4. A fine of from over VND 5,000,000 to VND
15,000,000 for an act of hunting, catching, killing, purchasing, selling,
storing, cage-raising, transporting or using precious and rare as well as
common wild animals (including products thereof) as follows:
a/ Common wild animals with a value of from over
VND 10,000,000 to VND 25,000,000 (according to local market prices).
b/ Precious and rare wild animals (group IIB)
with a value of from over VND 5,000,000 to VND 15,000,000 (according to local
market prices)
c/ Insects with the number of samples ranging
from over 500 to 1,000.
5. A fine of from over VND 15,000,000 to VND
35,000,000 for an act of hunting, catching, killing, purchasing, selling,
storing, raising in cages, transporting or using precious and rare as well as
common wild animals (including products thereof) as follows:
a/ Common wild animals with a value of from over
VND 25,000,000 to VND 50,000,000 (according to local market prices).
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
c/ Insects with the number of samples ranging
from over 1,000 to 2,000.
6. A fine of from over VND 35,000,000 to VND
50,000,000 for an act of hunting, catching, killing, purchasing, selling,
storing, raising in cages, transporting or using precious and rare as well as
common wild animals (including products thereof) as follows:
a/ Common wild animals with a value of from over
VND 50,000,000 to VND 70,000,000 (according to local market prices).
b/ Precious and rare wild animals (group IIB)
with a value of from over VND 30,000,000 to VND 50,000,000 (according to local
market prices)
c/ Insects with the number of samples ranging
from over 2,000 to 3,000.
7. The operators or owners of transport means
used for the illegal transportation of wild animals shall be handled according
to the provisions of Items 1, 2, 3 and 10, Clause 9, Article 1 of this Decree.
8. Persons who commit acts of violation
prescribed in this Article shall, in addition to warning or fines, be subject
to the following additional sanctioning measures:
a/ Stripping of the right to use permits for
hunting, catching, transporting, or papers on business registration of, wild
animals.
b/ Confiscation of material evidences, means
and/or instruments used for committing administrative violations.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
9. The revocation of permits prescribed at
Points a and c, Item 8, Clause 7 of this Article shall be effected as follows:
Regarding papers not granted by the ranger
offices, the ranger offices handling the violations shall have to make records
thereof and pass them to the competent State agencies for issuance of
revocation decisions. Regarding papers granted by the ranger offices, the
provincial-level ranger offices shall issue the revocation decisions.
The confiscation of material evidences, means
and/or instruments used for committing administrative violations prescribed at
Point b, Item 8, Clause 7 of this Article shall comply with the provisions of
Item 12, Clause 9, Article 1 of this Decree."
8. To amend and supplement Article 11 as
follows:
"Article 11.- Causing damage to
forest land means acts of digging, mine-exploding, excavating forest land for
soil and/or stones, making embankments that obstruct water sources for living,
or discharging waste water and/or toxic matters into forest land without
permission of competent State agencies, which shall be sanctioned as follows:
1. Warning or a fine of between VND 100,000 and
VND 500,000 for an act of digging or mine-exploding, thus causing damage into
forest land.
2. A fine of from over VND 500,000 to VND
2,000,000 for an act of excavating forest land for soil and/or stones, making
embankments that obstruct water sources for living, or discharging waste water
to forest land, thus causing natural imbalance, destroying the forest
ecological environment.
3. A fine of between VND 2,000,000 and VND
10,000,000 for an act of discharging, burying or putting toxic matters into
forest land.
4. Persons who commit acts of violation
prescribed in this Article shall, in addition to warning or fines, be subject
to the following additional sanctioning measures:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
b/ Forcible overcoming of the consequences or
payment of the costs therefor.
c/ If causing damage to the forest, they shall
also be handled according to Clause 1, Article 1 of this Decree.
9. Article 12 is amended, supplemented and
divided into two articles as follows:
"Article 12a.- Illegal
transportation of forest products means acts of transporting common or precious
and rare forest products by means operators or owners for themselves or for
other persons without the law-prescribed vouchers or with lawful vouchers but
different size or type of products or excessive volume (according to the prescribed
percentages) as compared to the forest product-transportation vouchers, which
shall be sanctioned as follows:
1. Warning or a fine of between VND 100,000 and
VND 200,000 for an act of illegally transporting forest products by operators
or owner of rudimentary vehicles or animal drawn-carts.
2. A fine of from over VND 200,000 to VND
2,000,000 for an act of illegal transportation of forest products by operators
or owners of "cong nong" (rudimentary mini-trucks), automobiles, trains,
ships, motorbikes or boats.
3. A fine of from over VND 2,000,000 to VND
5,000,000 for one of the following acts committed by illegal transporters of
forest products:
a/ Using fake number plate or having no
registration paper granted by the competent agency.
b/ Using double-compartment, double- bottom or
double-roof carts to hide forest products.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
d/ Taking advantage of goods transportation to
hide forest products under the goods.
4. Warning or a fine of between VND 100,000 and
VND 200,000 on forest product owners for acts of organizing or participating in
the transportation of forest products of the following types:
a/ Common timber, up to 0.5 m3 of log timber.
b/ Precious and rare timber, up to 0.1 m3 of log
timber.
c/ Firewood, up to 3 steres.
d/ Other forest products with a value of up to
VND 1,000,000 (according to local market prices).
5. A fine of from over VND 200,000 to VND 2,000,000
on forest product owners for acts of organizing or participating in the
transportation of forest products of the following types:
a/ Common timber, from over 0.5 m3 to 2 m3 of
log timber.
b/ Precious and rare timber, from over 0.1 m3 to
1 m3 of log timber.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
d/ Other forest products with a value of from
over VND 1,000,000 to VND 5,000,000 (according to local market prices).
6. A fine of from over VND 2,000,000 to VND
10,000,000 on forest product owners for acts of organizing or participating in
the transportation of forest products of the following types:
a/ Common timber, from over 2 m3 to 10 m3 of log
timber.
b/ Precious and rare timber, from over 1 m3 to 4
m3 of log timber.
c/ Firewood, from over 15 steres to 30 steres.
d/ Other forest products with a value of from
over VND 5,000,000 to VND 20,000,000 (according to the local market prices).
7. A fine of from over VND 10,000,000 to VND
20,000,000 on forest product owners for acts of organizing or participating in
the transportation of forest products of the following types:
a/ Common timber, from over 10 m3 to 15 m3 of
log timber.
b/ Precious and rare timber, from over 4 m3 to 7
m3 of timber equivalent in log timber.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
d/ Other forest products with a value of from
over VND 20,000,000 to VND 30,000,000 (according to local market prices).
8. A fine of from over VND 20,000,000 to VND
30,000,000 on forest product owners for acts of organizing or participating in
the transportation of forest products of the following types:
a/ Common timber, from over 15 m3 to 20 m3 of
log timber.
b/ Precious and rare timber, from over 7 m3 to
10 m3 of log timber.
c/ Firewood, from over 50 steres to 60 steres.
d/ Other forest products with a value of from
over VND 30,000,000 to VND 50,000,000 (according to local market prices).
9. Forest product owners organizing or
participating in the transportation of forest products, whose violations
involve two or more types of timber (common and precious and rare) as
prescribed at Points a and b, Item 8, Clause 9 of this Article with the total
volume exceeding the maximum level prescribed at Point a, Item 8, Clause 9 of
this Article, shall be examined for penal liability.
10. In cases where the means owner or operators
illegally transporting forest products cannot prove the forest product owners,
such means owners or operators shall be handled as the forest product owners.
11. Persons who commit acts of violation
prescribed in this Article shall, in addition to warning or fines, be subject
to the following additional sanctioning measures:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
b/ Confiscation of timber, forest products and
means used for committing the administrative violations.
12. The revocation of special forest
product-transportation permits and wild animal-transportation permits
prescribed at Point a, Item 11, Clause 9 of this Article as well as the
confiscation of the means used for committing administrative violations
prescribed at Point b, Item 11, Clause 9 of this Article shall be effected
under decisions of the persons competent to handle administrative violations
according to current regulations.
The confiscation of timber and forest products
prescribed at Point b, Item 11, Clause 9 of this Article shall be effected as
follows:
If timber and forest products are seized in
forests of forest owners (State-run forest farms, organizations, households and
individuals), after records and dossiers on the handling thereof have been
fully made by the ranger offices, they shall be returned to the forest owners.
The forest owners shall have to make deductions for setting up funds against
deforestation and forest product smuggle, to be transferred to the ranger
offices according to current regulations.
For the seized timber and forest products with
unidentified origin, if they are illegal and the violators cannot be
identified, the persons competent to sanction administrative violations shall
issue the confiscation and handling decisions according to current
regulations."
10. To add Article 12b as follows:
"Article 12b.- Illegal purchase
and/or sale of forest products means acts of purchasing, selling and/or storing
common and/or precious and rare forest products without valid vouchers or with
valid purchase and/or sale vouchers but different size or type of products or
with excessive quantity or volume (according to the prescribed percentages) as
compared to the valid forest product purchase and/or sale vouchers, which shall
be sanctioned as follows:
1. Warning or a fine of between VND 100,000 and
VND 200,000 on persons for acts of purchasing and/or selling forest products of
one of the following types:
a/ Common timber, up to 1 m3 of log timber.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
c/ Firewood, up to 5 steres.
d/ Other forest products with a value of up to
VND 1,000,000 (according to local market prices).
2. A fine of from over VND 200,000 to VND 2,000,000
on persons for acts of participating in the purchase and/or sale of forest
products of one of the following types:
a/ Common timber, from over 1 m3 to 5 m3 of log
timber.
b/ Precious and rare timber, from over 0.2 m3 to
1 m3 of log timber.
c/ Firewood, from over 5 steres to 20 steres.
d/ Other forest products with a value of from
over VND 1,000,000 to VND 5,000,000 (according to local market prices).
3. A fine of from over VND 2,000,000 to VND
10,000,000 on persons engaged in the purchase and/or sale of forest products of
one of the following types:
a/ Common timber, from over 5 m3 to 10 m3 of log
timber.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
c/ Firewood, from over 20 steres to 40 steres.
d/ Other forest products with a value of from
over VND 5,000,000 to VND 20,000,000 (according to local market prices).
4. A fine of from over VND 10,000,000 to VND
20,000,000 on persons engaged in the purchase and/or sale of forest products of
one of the following types:
a/ Common timber, from over 10 m3 to 18 m3 of
log timber.
b/ Precious and rare timber, from over 4 m3 to 8
m3 of log timber.
c/ Firewood, from over 40 steres to 60 steres.
d/ Other forest products with a value of from
over VND 20,000,000 to VND 30,000,000 (according to local market prices).
5. A fine of from over VND 20,000,000 to VND
30,000,000 on persons engaged in the purchase and/or sale of forest products of
one of the following types:
a/ Common timber, from over 18 m3 to 25 m3 of
log timber.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
c/ Firewood, from over 60 steres to 70 steres.
d/ Other forest products with a value of from
over VND 30,000,000 to VND 50,000,000 (according to local market prices).
6. Persons engaged in the forest product
purchase and/or sale involving 2 or more types of timber (common and precious
and rare) as prescribed at Points a and b, Item 5, Clause 10 of this Article,
with the total volume exceeding the maximum level prescribed at Point a, Item
5, Clause 10 of this Article shall be examined for penal liability.
7. Persons who commit acts of violation
prescribed in this Article shall, in addition to warning or fines, be subject
to the following additional sanctioning measure:
Confiscation of forest products and means used
for committing the administrative violations, which shall comply with the
provisions at Item 12, Clause 9, Article 1 of this Decree."
11. To amend and supplement Article 13 as
follows:
"Article 13.- Violations of the
regulations on wood and forest product processing:
1. A fine of between VND 1,000,000 and VND
5,000,000 for an act of processing wood and/or forest products for customers
without vouchers certifying the lawful origin of those wood and/or forest
products.
2. In cases where the inspection detects that
wood and/or forest products put into processing are not accompanied with
vouchers proving the lawful sources of exploitation, purchase and sale thereof,
they shall be handled according to the provisions of Clause 10, Article 1 of
this Decree.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
12. To amend and supplement Article 23 as
follows:
"Article 23.- Sanctioning
principles:
1. The persons competent to impose sanctions,
after determining acts of violation and their seriousness, must base themselves
on the provisions of Clause 5, Article 3 of the Ordinance on Handling of
Administrative Violations and Clauses 1 and 2, Article 3 of the Government�s
Decree No.77/CP of November 29, 1996 on sanctions against administrative
violations in the field of forest management and protection and forest product
management to consider and decide the appropriate forms and levels of
sanction..
2. An administrative violation shall be
sanctioned only once.
a/ A person who commits many administrative
violations shall be sanctioned for each of such violations.
b/ If many persons commit the same
administrative violation, each of them shall be sanctioned therefor.
If administrative violations fall under the
handling competence of one level, such level shall decide on the sanctions. If
one of the administrative violations falls under the sanctioning competence of
the superior level, all dossiers shall be passed over thereto for handling.
The decision on sanctioning shall comply with
the procedures prescribed in Article 48 of the Ordinance on Handling of
Administrative Violations."
13. To amend and supplement Clauses 1 and 2 of
Article 25 as follows:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. Means (including the State-owned means) used for
illegal transportation of forest products in the following cases shall be
confiscated according to the provisions of Item 12, Clause 9, Article 1 of this
Decree.
a/ Committing violations in an organized manner,
committing many violations or relapsing in the same violation, opposing
officials on duty, intentionally passing through ranger stations.
b/ Transporting common and/or precious and rare
wild plants and/or animals (originating from the nature).
c/ Using automobiles with fake number plates or automobiles
without registration papers issued by the competent State agencies; designing
double-compartment, double- bottom and/or double-roof vehicles in order to hide
forest products, taking advantage of goods transportation to hide timber and
forest products."
14. To amend and supplement Article 29 as
follows:
"Article 29.- Complaint and
denunciation:
1. Organizations or individuals subject to
measures for prevention of administrative violations prescribed in Articles 38,
39, 41, 42, 43 and 44 of the Ordinance on the Handling of Administrative
Violations or sanctions against administrative violations in the field of
forest management and protection and forest product management shall have the
right to complain with the administrative decision-issuing agencies or agencies
of the persons having committed the administrative violations when they have
grounds to believe that the issuance of decisions on the application of
measures for prevention of such administrative violations contravene the law,
infringe upon their legitimate rights and/or interests.
2. All citizens have the right to denounce to
the State agencies law violations in the field of forest management and
protection and forest product management as well as the persons competent to
handle administrative violations.
3. Upon receiving complaints and/or
denunciations from organizations or individuals, the persons competent to
handle such complaints and/or denunciations shall have to base themselves on
the Law on Complaints and Denunciations as well as relevant legal documents to
settle them."
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 3.- This Decree takes effect 15
days after its signing. Articles from 4 to 13, Clauses 1 and 2 of Article 25
and Article 29 of Decree No.77/CP of November 29, 1996 cease to be effective.
The ministers, the heads of the
ministerial-level agencies, the heads of the agencies attached to the
Government and the presidents of the People’s
Committees of the provinces and centrally-run cities shall have to implement
this Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai