THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 157/2013/ND-CP
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Hanoi, November 11, 2013
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DECREE
ON PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST
REGULATIONS ON FOREST MANAGEMENT, DEVELOPMENT, PROTECTION AND FOREST PRODUCT
MANAGEMENT
Pursuant to the Law on
Government organization dated December 25, 2001
Pursuant to the Law on
Forest protection and development dated December 03, 2004;
Pursuant to the Law on
Actions against administrative violations dated June 20, 2012
At the request of the
Minister of Agriculture and Rural development;
Government promulgates
Decree on Penalties for Administrative violations against regulations on forest
management, development, protection and forest product management,
Chapter
I.
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Article
1. Scope of regulation
This Decree deals with
the violations, administrative penalties, fines, and remedial measures, the
persons entitled to make violation records, impose penalties and the penalties
they can impose upon administrative violations against the regulations on
forest management, development, protection and forest product management.
Article
2. Entities that incur administrative penalties
This Decree applies to
organization and individual committing violations against the regulations on
forest management, development, protection and forest product management.
Article
3. Interpretation of terms
These terms below shall
be construed as follows:
1. Forest ranger is an
official of forest management and is on the payroll of forest ranger force.
2. Forest products are the
products of plants, animals and microorganisms, derivatives and parts thereof
that grow in the forest (including both indigenous and alien aquatic animals
allowed by competent authorities to be growth at the ponds, lakes, rivers or
streams in the forest).
3. Log includes crude
wood, round logs, peeled logs having diameter of the smaller head from 10 cm to
< 20 cm, and the length is ≥ 1 m, or having diameter of the smaller head≥ 20
cm and the length is ≥ 30 cm. Particularly for planted forest, indigo forest,
arenga forest or mangrove forest, timber is called log when its smaller head is
≥ 6 cm in diameter and is ≥ 1 m in length. Timber which is endangered or
precious is called log regardless of sizes.
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5. Group IA, IIA forest
plants; group IB, IIB forest animals are the precious and endangered species of
plants or animals according to Government’s regulations.
6. Exhibits, vehicles of
violation include:
a) Forest products which
are illegally harvested, traded, stored, or processed.
b) Instruments used for
the commitment of administrative violations.
c) Vehicles include: road
motor vehicles, motorcycles, bicycles, non-motorized vehicle, draft animals,
ships, canoes, boats and other vehicles used for the illegal transport of
forest products.
7. Vehicle appropriated
by violator means a vehicle that is stolen, robbed, extorted or blatantly
appropriated and its owner have no ability to stop or when the owners’ right of
possession, management and use is illegally taken.
8. A vehicle is said to
be illegally used by the violators when:
a) The lawful owner of
the vehicle lends, rents it out or hires a person to operate the vehicle for
proper purposes, but the borrower, the renter or the hired person use the
transports on their own initiative for committing administrative violations.
b) People who are lawful
owner or manager of the vehicle request their employees to operate the vehicle
for legal business operation but the employees use it to commit administrative
violations.
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Article
4. Remedial measures
Apart from the measures
mentioned in Point a, b, c, dd, I Clause 1 Article 28 of the Law on Actions
against administrative violations, people who commits the violations mentioned
in this Decree shall be compelled to take the following remedial measures:
1. Carry out
reforestation or pay for the reforestation cost according to the investment in
locality at the time of committing the administrative violations.
2. Return the trespassed
forest areas.
3. Carry out forest soil
renovation.
Article
5. Units of measurement for defining damage caused by administrative violations
1. Area of forest is
expressed as/in square meter (m2)
2. The amount of timber
is measured in cubic meter (m3) and determined in accordance with
the regulations on management and timber marks, ranger marks of the Ministry of
Agriculture and Rural development. The amount of timber must be converted into
the amount of log when imposing penalties for administrative violations. The
amount of lumber shall be converted into log by multiplying by 1.6.
If timber is harvested
from foot or root of trees or has strange shape; timber is harvested from shade
trees, twig trees, ancient tree including roots, trunks, branches, leaves and
its diameter and length are unmeasurable, then such timber shall be measured in
kilogram (kg) and converted into 1 m3 for every 1000 kg of timber or
measured in ster and converted into 0.7 m3 for every 1 ster of
timber.
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Parts and derivatives of
forest animals and forest plants shall be expressed as kg or ml
4. The amount of
non-timber forest product shall be expressed as kilogram (kg).
Article
6. Handling exhibits and instruments serving administrative violation:
1. Exhibits to be
impounded:
a) If exhibits are fresh
products, weak/injured animals other than IB animals, plants other than IA
plants, then the persons entitled to impose the penalty (hereinafter referred
to as competent penalty imposer) shall make a violation record and get the
exhibit sold immediately according to market prices at that time. Collected
money is kept in the impoundment account at the State Treasuries of the office
or unit where the competent penalty imposer works. If exhibits are confiscated
according to the decision of competent persons, money shall be sent to the
state budget after having settled relevant cost; in case the exhibits are not
confiscated, money shall be sent back to the lawful owners, managers or
operators.
If forest animals die or
get diseases and pollute the environment and thus must be destroyed but the
violators fail to voluntarily carry out the destruction or the violators are
not identified, then a Destruction Board shall be founded. Members of
Destruction Board are: Heads of the offices issuing the impoundment decision,
the representative of the Finance office of same level, veterinary agencies.
The State Bank shall pay for the destruction cost of the exhibits of
administrative violations whose owners are unidentified.
b) Forest products or
instruments and vehicles whose owner is unidentified as prescribed in laws
shall be confiscated and expropriated.
2. Exhibits to be
confiscated:
a) If exhibits are forest
animals, such exhibits shall be handled in accordance with regulations issued
by the Ministry of Agriculture and Rural development.
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Article
7. Rules for penalty imposition
1. The fines prescribed in
Chapter II of this Article are incurred by individuals; the fines incurred by
organizations are twice the fines incurred by the individuals committing the
same violations.
2. These following
violations (except for the raising of IB forest animals) are liable to criminal
prosecution:
a) The violations causing
damage exceeding the maximum damage liable to administrative penalties
prescribed in Article 12, 16, 20; the violations that involve IA plants, IB
animals and cause damage exceeding the maximum damage liable to administrative
penalties prescribed in Article 21, 22, 23; the illegal transport of timber
causes damage exceeding the maximum damage liable to administrative penalties
prescribed in Article 22, 23 of this Decree.
b) Act of deforestation
that damages multiple types of forests (production forests, protective forests,
special-use forests with a total area of forest destroyed exceeding the maximum
damage to production forests prescribed in Article 20 of this Decree, which is
liable to administrative penalties, though the area of damage to each type of
forest does not exceed the maximum damage liable to administrative penalties
prescribed in this Decree..
c) Illegal harvest,
transport and sale of both precious timber and normal timber with a total amount
of IA and IIA timber or IA and normal timber or IA, IIA and normal timber
exceeding the maximum amount regulated for IIA timber; IIA timber and normal
timber exceeding maximum amount regulated for normal timber, though the amount
of each type of timber does not exceed the maximum amount liable to
administrative penalties.
d) Recommitment of the
violations prescribed in Article 12, 20, 22, 23 of this Decree.
3. The administrative
violations that involve forest plants and animals mentioned in Appendix I, II
in the Convention on International Trade in Endangered Species (CITES) but not
included in List of endangered and precious forest plants and animals according
to regulations on management of endanger and precious plants and animals shall
be handled as follows:
a) The violations that
involve the species mentioned in Appendix I shall be dealt with as the ones
that involve IA plants and IB animals.
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4. If a violation has
been charged as a criminal case but then the proceeding was suspended and the
violation was transformed into penalty of administrative violation at the
request of a competent authority, then the violation shall be handled in
accordance with this Decree.
5. Any administrative
violation that involves various types of forest products including both normal
timber and precious timber (other than those mentioned in Point c Clause 2 of
this Article); normal forest animals and endangered and precious forest
animals; timber and animals (not liable to criminal prosecution), thus the fine
shall be determined according to types of forest products then add together to
find the total amount.
6. If a forest is repurposed
without permission of a competent authority, the violation shall be handled
according to the regulations applied to the former purpose.
7. If the owner of a
forest finds that there is a violation that involves his forest, the owner
shall collect documents and exhibits then timely request the competent
individuals or authorities to handle according to the regulations prescribed in
this Decree.
Confiscated forest
products shall be returned to the forest owner in any the following cases:
a) The forest owner
catches the violator red-handed at his or her own forest area.
b) The forest owner does
not catch the violator red-handed but have evidence sufficient to prove that
the forest products are extracted from the forest they have planted themselves.
Chapter
II.
THE
VIOLATIONS, PENALTIES AND REMEDIAL MEASURES
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Article
8. Forest trespass
People who move the
forest boundary to illegally trespass the forest area belonged to other people
or State shall incur the penalties below:
1. Fines of from VND
2,000,000 to VND 10,000,000 shall be imposed for the illegal trespass of:
a) Immature planted
forests or contained cultivation area serving restoration forests of type 1c
with the trespassed area < 20,000m2.
b) Production forests
with the trespassed area < 6,000 m2.
c) Protective forests
with the trespassed area < 5,000 m2.
d) Special-use forests
with the trespassed area < 4,000 m2.
2. Fines of from VND 10,000,000
to VND 20,000,000 shall be imposed for the illegal trespass of:
a) Immature planted
forests or contained cultivation area serving restoration forests of type 1c
with the trespassed area from 20,000m2 to 30,000 m2.
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c) Protective forests
with the trespassed area from 5,000 m2 to 7,000 m2.
d) Special-use forests
with the trespassed area from 4,000 m2 to 5,000 m2.
3. Fines of from VND
20,000,000 to VND 30,000,000 shall be imposed for the illegal trespass of:
a) Immature planted
forests or contained cultivation area serving restoration forests of type 1c
with trespassed area from 30,000m2 to 50,000 m2
b) Production forests
with the trespassed area from > 10,000 m2 to 20,000 m2.
c) Protective forests
with the trespass area from > 7,000 m2 to 15,000 m2.
d) Special-use forests
with the trespass area from > 5,000 m2 to 10,000 m2.
4. Fines of from VND
30,000,000 to VND 50,000,000 shall be imposed for the illegal trespass of:
a) Immature planted
forests or contained cultivation area serving restoration forests of type 1c
with trespassed area from > 50,000 m2.
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c) Protective forest
Protective forests with the trespassed area from > 15,000 m2.
d) Special-use forests
with the trespassed area from > 10,000 m2.
5. Remedial measures:
The entities that commit
the violations specified in Clause 1, 2, 3, 4 of this Article shall be
compelled to take the remedial measures prescribed in Clause 2 Article 4 of
this Decree.
6. The entities
trespassing upon forestry land shall be dealt with according to the laws on
land.
Article
9. Illegal exploitation of landscape, environment and other forestry services
Any establishment that
illegally exploits landscape, environment and other forestry service shall
incur the penalties below:
1. Fines of from VND
50,000 to VND 200,000 shall be imposed for illegal organizing of sightseeing
tours in the forest.
2. Fines of from VND
200,000 to VND 5,000,000 shall be imposed for illegal construction of
cemeteries or graves in forest.
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4. Remedial measures:
a) The entities that
commit the violations specified in Clause 2 of this Article shall be compelled
to take the remedial measures mentioned in Point b Clause 1 Article 28 of the
Law on Actions against administrative violations and Clause 2 Article 4 of this
Decree.
b) The entities that
commit the violations specified in Clause 3 of this Article shall be compelled
to take the remedial measures mentioned in Point b, c Clause 1 Article 28 of
the Law on Actions against administrative violations.
Article
10. Violations against the regulations on timber harvesting design
Any entities committing
the violation against regulations on timber exploitation design shall incur the
penalties below:
1. The entities that commit
the violations shall be liable to a fine of from VND 3,000,000 to VND 5,000,000
if:
a) The amount of timber
exploited in design is different from that in reality by > 15% - 20%.
b) Timber mark is applied
on subjects other than the subjects of the design.
2. The entities that
commit the violations shall be liable to a fine of from VND 5,000,000 to VND
15,000,000 if
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b) The amount of timber
exploited in design is different from that in reality by > 20%.
Article
11. Violations against the regulations on timber exploitation
The entities harvest
timber against the established procedures and technical requirement in
comparison with the design approved by competent agencies shall incur the
penalties below:
1. Fines of from VND
3,000,000 to VND 5,000,000 shall be imposed for:
a) Failure to follow
procedures for document and forest land according to current regulations of the
Government.
b) Failure to follow or
failure to follow completely the design for clearing liana before beginning
cutting and cleaning and for other technical ensuring forest restoration.
2. Fines of from VND
5,000,000 to VND 15,000,000 shall be imposed for:
a) Failure to cut the
twisted trees or trees having disease that have cutting marks; not gather all
twigs, branches of trees and broken trees during extraction of natural forest
resources according to the approved design.
b) The unconformity of
the location of road for timber transport and ground of timber with the design.
The establishment constructing transport road and ground for timber that cause
damage to forest shall incur the penalties prescribed in Article 20 of this
Decree.
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4. Additional penalties:
The timber harvesting
shall be suspended for 6 to 12 months if any of the violations mentioned in
Clause 1 and Clause 2 of this Article is committed.
Article
12. Illegal extraction of forest resources
Entities who extract
forest resources without approval of competent State agencies; entities have
gained the approval but the exploitation is unconformable with the regulations
shall incur the penalties below:
1. Illegal harvesting of
production forest
a) With regard to timber
other than endangered or precious timber:
- Fines of from VND
600,000 to VND 1,000,000 shall be imposed if the amount of timber illegally
harvested is< 0.3 m3.
- Fines of from VND
1,000,000 to VND 7,000,000 shall be imposed if the amount of timber illegally
harvested is 0.3 m3 to 0.5 m 3 .
- Fines of from VND
7,000,000 to VND 10,000,000 shall be imposed if the amount of timber illegally
harvested is 0.5 m3 to 1.5 m3 .
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- Fines of from VND
15,000,000 to VND 20,000,000 shall be imposed if the amount of timber illegally
harvested is> 2 m3 to 4 m3 .
- Fines of from VND
20,000,000 to VND 30,000,000 shall be imposed if the amount of timber illegally
harvested is > 4 m3 to 6 m3 .
- Fines of from VND
30,000,000 to VND 50,000,000 shall be imposed if the amount of timber illegally
harvested is > 6 m3 to 10 m3 .
- Fines of from VND
50,000,000 to VND 100,000,000 shall be imposed if the amount of timber
illegally harvested is > 10 m3 to 20 m3 .
b) With regard to IIA
timber 0}
- Fines of from VND 1,000,000
to VND 5,000,000 shall be imposed if the amount of timber illegally harvested
is < 0.3 m3 .
- Fines of from VND
5,000,000 to VND 7,000,000 shall be imposed if the amount of timber illegally
harvested is 0.3 m3 to 0.5 m3 .
- Fines of from VND 7,000,000
to VND 10,000,000 shall be imposed if the amount of timber illegally harvested
is > 0.5 m3 to 0.7 m3 .
- Fines of from VND
10,000,000 to VND 20,000,000 shall be imposed if the amount of timber illegally
harvested is > 0.7 m3 to 1.5 m3 .
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- Fines of from VND
30,000,000 to VND 50,000,000 shall be imposed if the amount of timber illegally
harvested is > 2 m3 to 3 m3 .
- Fines of from VND
50,000,000 to VND 100,000,000 shall be imposed if the amount of timber
illegally harvested is > 3 m3 to 7 m3 .
- Fines of from VND
100,000,000 to VND 200,000,000 shall be imposed if the amount of timber
illegally harvested is > 7 m3 to 12.5 m3 .
c) With regard to IA
timber
- Fines of from VND
20,000,000 to VND 30,000,000 shall be imposed if the amount of timber illegally
harvested is < 0.5 m3 .
- Fines of from VND
30,000,000 to VND 40,000,000 shall be imposed if the amount of timber illegally
harvested is 0.5 m3 to 0.7 m3 .
- Fines of from VND
40,000,000 to VND 50,000,000 shall be imposed if the amount of timber illegally
harvested is > 0.7 m3 to 1 m3 .
- Fines of from VND
50,000,000 to VND 100,000,000 shall be imposed if the amount of timber
illegally harvested is > 1 m3 to 1.5 m3 .
- Fines of from VND
100,000,000 to VND 200,000,000 shall be imposed if the amount of timber
illegally harvested is > 1.5 m3 to 2 m3 .
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a) With regard to timber
other than endangered and precious timber:
- Fines of from VND
500,000 to VND 4,000,000 shall be imposed if the amount of timber illegally
harvested is < 0.5 m3 .
- Fines of from VND
4,000,000 to VND 8,000,000 shall be imposed if the amount of timber illegally
harvested is 0.5 m3 to 1 m3 .
- Fines of from VND
8,000,000 to VND 10,000,000 shall be imposed if the amount of timber illegally
harvested is > 1 m3 to 1.5 m3 .
- Fines of from VND
10,000,000 to VND 20,000,000 shall be imposed if the amount of timber illegally
harvested is > 1.5 m3 to 3 m3 .
- Fines of from VND
20,000,000 to VND 30,000,000 shall be imposed if the amount of timber illegally
harvested is > 3 m3 to 5 m3 .
- Fines of from VND 30,000,000
to VND 50,000,000 shall be imposed if the amount of timber illegally harvested
is > 5 m3 to 8 m3 .
- Fines of from VND
50,000,000 to VND 100,000,000 shall be imposed if the amount of timber
illegally harvested is > 8 m3 to 15 m3 .
b) With regard to IIA
timber
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- Fines of from VND
5,000,000 to VND 7,000,000 shall be imposed if the amount of timber illegally
harvested is 0.3 m3 to 0.5 m3 .
- Fines of from VND
7,000,000 to VND 10,000,000 shall be imposed if the amount of timber illegally
harvested is > 0.5 m3 to 0.7 m3 .
- Fines of from VND
10,000,000 to VND 20,000,000 shall be imposed if the amount of timber illegally
harvested is > 0.7 m3 to 1 m3 .
- Fines of from VND
20,000,000 to VND 30,000,000 shall be imposed if the amount of timber illegally
harvested is > 1 m3 to 1.5 m3 .
- Fines of from VND
30,000,000 to VND 50,000,000 shall be imposed if the amount of timber illegally
harvested is > 1.5 m3 to 2.5 m3 .
- Fines of from VND
50,000,000 to VND 100,000,000 shall be imposed if the amount of timber
illegally harvested is > 2.5 m3 to 5 m3 .
- Fines of from VND
100,000,000 to VND 200,000,000 shall be imposed if the amount of timber illegally
harvested is > 5 m3 to 10 m3 .
c) With regard to IA
timber
- Fines of from VND
30,000,000 to VND 50,000,000 shall be imposed if the amount of timber illegally
harvested is < 0.5 m3 .
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- Fines of from VND
70,000,000 to VND 100,000,000 shall be imposed if the amount of timber
illegally harvested is > 0.7 m3 to 1 m3 .
- Fines of from VND
100,000,000 to VND 200,000,000 shall be imposed if the amount of timber
illegally harvested is > 1 m3 to 1.5 m3 .
3. Illegal exploitation
of special-use forest
a) With regard to timber
other than endangered and precious timber
- Fines of from VND 1,000,000
to VND 5,000,000 shall be imposed if the amount of timber illegally harvested
is < 0.5 m3 .
- Fines of from VND
5,000,000 to VND 8,000,000 shall be imposed if the amount of timber illegally
harvested is 0.5 m3 to 0.7 m3 .
- Fines of from VND 8,000,000
to VND 12,000,000 shall be imposed if the amount of timber illegally harvested
is > 0.7 m3 to 1 m3 .
- Fines of from VND
12,000,000 to VND 20,000,000 shall be imposed if the amount of timber illegally
harvested is > 1 m3 to 2 m3 .
- Fines of from VND
20,000,000 to VND 30,000,000 shall be imposed if the amount of timber illegally
harvested is > 2 m3 to 3 m3 .
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- Fines of from VND
50,000,000 to VND 100,000,000 shall be imposed if the amount of timber
illegally harvested is > 5 m3 to 10 m3 .
b) People With regard to
IIA timber
- Fines of from VND
2,000,000 to VND 8,000,000 shall be imposed if the amount of timber illegally
harvested is < 0.3 m3 .
- Fines of from VND
8,000,000 to VND 10,000,000 shall be imposed if the amount of timber illegally
harvested is 0.3 m3 to 0.5 m3 .
- Fines of from VND
10,000,000 to VND 20,000,000 shall be imposed if the amount of timber illegally
harvested is > 0.5 m3 to 0.7 m3 .
- Fines of from VND
20,000,000 to VND 30,000,000 shall be imposed if the amount of timber illegally
harvested is > 0.7 m3 to 1 m3 .
- Fines of from VND
30,000,000 to VND 50,000,000 shall be imposed if the amount of timber illegally
harvested is > 1 m3 to 1.5 m3 .
- Fines of from VND
50,000,000 to VND 100,000,000 shall be imposed if the amount of timber
illegally harvested is > 1.5 m3 to 2.5 m3 .
- Fines of from VND
100,000,000 to VND 200,000,000 shall be imposed if the amount of timber
illegally harvested is > 2.5 m3 to 5 m3 .
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- Fines of from VND
50,000,000 to VND 70,000,000 shall be imposed if the amount of timber illegally
harvested is < 0.5 m3 .
- Fines of from VND 70,000,000
to VND 100,000,000 shall be imposed if the amount of timber illegally harvested
is 0.5 m3 to 0.7 m3 .
- Fines of from VND
100,000,000 to VND 200,000,000 shall be imposed if the amount of timber
illegally harvested is > 0.7 m3 to 1 m3 .
4. With regard to forest
plants, derivatives and parts thereof; charcoal, coal:
a) Fines of from VND
100,000 to VND 3,000,000 shall be imposed if the damage to forest resources is
assessed at < VND 2,000,000.
b) Fines of from VND 3,000,000
to VND 5,000,000 shall be imposed if the damage to forest resources is assessed
at VND 2,000,000 to VND 3,000,000.
c) Fines of from VND
5,000,000 to VND 10,000,000 shall be imposed if the damage to forest resources
is assessed at > VND 3,000,000 to VND 6,000,000.
d) Fines of from VND
10,000,000 to VND 20,000,000 shall be imposed if the damage to forest resources
is assessed at > VND 6,000,000 to VND 12,000,000.
dd) Fines of from VND
20,000,000 to VND 30,000,000 shall be imposed if the damage to forest resources
is assessed at > VND 12,000,000 to VND 18,000,000.
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g) Fines of from VND
50,000,000 to VND 75,000,000 shall be imposed if the damage to forest resources
is assessed at > VND 30,000,000 to VND 45,000,000.
h) Fines of from VND
75,000,000 to VND 100,000,000 shall be imposed if the damage to forest
resources is assessed at > VND 45,000,000.
5. If the amount of young
trees cut is unidentifiable, the violator shall be fined according to the
destroyed area as prescribed in Article 20 of this Decree. In case such trees
are dispersive and the destroyed area is unidentifiable, the violator shall be
fined VND 50,000 for each tree.
6. The exploitation of
the leftover timbers on fields in highland, the dispersive planted trees; the
exploit-all of timber on agriculture land; the illegal gather of timber from
waters shall incur the penalties prescribed in Clause 1 of this Article.
7. Additional penalties:
One of following
additional penalties shall be imposed:
a) The exhibits shall be
confiscated if any of the violations mentioned in Clause 1, 2, 3, 4, 5, 6 of
this Article is committed.
b) The non-motorized vehicles,
primitive tools and petrol sawing machines used for violations mentioned in
Clause 1, 2, 3, 4, 5, 6 of this Article shall be confiscated.
c) Motor vehicles/ power
tools shall be confiscated if it is used to: Illegally harvest > 6 m3
of timber defined in Point a Clause 1 or > 5 m3 of timber defined
in Point a Clause 2 or > 3 m3 of timber defined in Point a Clause
3 of this Article; illegally harvest > 2 m3 of timber defined in
Point b Clause 1 or > 1.5 m3 of timber defined in Point b Clause
2 or > 1 m3 of timber defined in Point b Clause 3 of this
Article; illegally harvest ≥ 0.7 m3 of timber defined in Point c
Clause 1 or > 0.5 m3 of timber defined in Point c Clause 2 or
> 0.3 m3 of timber defined in Point c Clause 3 of this Article;
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Illegally harvest > 6
m3 of timber defined in Point a Clause 1 or > 5 m3 of
timber defined in Point a Clause 2 or > 3 m3 of timber defined in
Point a Clause 3 of this Article; illegally harvest > 2 m3 of
timber defined in Point b Clause 1 or > 1.5 m3 of timber defined
in Point b Clause 2 or > 1 m3 of timber defined in Point b Clause
3 of this Article; illegally harvest ≥ 0.5 m3 of timber defined in
Point c Clause 1 or ≥ 0.3 m3 of timber defined in Point c Clause 2
or ≥ 0.1 m3 of timber defined in Point c Clause 3 of this Article;
illegal harvest timber in multiple forests (production forest, protective
forest, special-use forest) that cause damage to one or multiple types of
timber (regardless of whether the timber is endangered and precious or not)
although the amount of each type of timber being harvested illegally in one or
multiple forests or the amount of multiple types of timber in one forest does
not reach the amount to have the forest extraction permit deprived but the
total amount of timber illegally harvested is:≥ 5 m3 of timber which
is other than endangered or precious timber; ≥ 3 m3 of IIA timber; ≥
0.5 m3 of IA timber or the total amount of timber harvest in each
type of forest is: ≥ 3 m3 of timber other than endangered and
precious timber, and IIB timber; ≥ 1.5 m3 of timber other than
endangered and precious timber and IA timber; ≥ 1.5 m3 of timber
other than endangered or precious timber, IIA timber and IA timber; ≥ 0.1 m3
of IIA timber and IA timber.
8. Remedial measures
a) The entities that
commit the violations specified in Clause 1, 2, 3, 4, 5 of this Article shall be
compelled to apply the remedial measures prescribed in Point i Clause 1 Article
28 of the Law on Actions against administrative violations and Clause 1 Article
4 of this Decree.
b) The entities that
commit the violations specified in Clause 6 of this Article shall be compelled
to apply the remedial measures prescribed in Point i Clause 1 Article 28 of the
Law on Actions against administrative violations.
SECTION
2. VIOLATIONS AGAINST THE REGULATIONS ON FOREST DEVELOPMENT AND PROTECTION
Article
13. Violations against the regulations on planting forests replacing the
forests having been repurposed
Any person who commits
the violation against the regulations on planting forest replacing the forest
area permitted by the State to be repurposed shall incur the penalties below:
1. Fines of from VND
10,000,000 to VND 20,000,000 shall be imposed for delaying the forest planting
for 01 year with an area of from 01 hectare to 05 hectares .
2. Fines of from VND
20,000,000 to VND 50,000,000 shall be imposed for:
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b) Delaying the forest
planting for more than 02 year for 01 hectare to 05 hectares in area.
c) Failure to carry out
soil renovation on schedule to replant < 01 hectare of forest after the
mineral extraction.
3. Fines of from VND
50,000,000 to VND 100,000,000 shall be imposed for:
a) Delaying the forest
planting for more than 01 year for > 10 hectares to 20 hectares in area.
b) Delaying the forest planting
for more than 02 years for > 05 hectares to 10 hectares in area.
c) Delaying the forest
planting for more than 03 years for > 01 hectare to 05 hectares in area.
d) Failure to carry out
soil renovation on schedule to replant < 01 hectare to 05 hectares in area
after the mineral extraction.
4. Fines of from VND
100,000,000 to VND 200,000,000 shall be imposed for:
a) Delaying the forest
planting for more than 01 year for > 20 hectares to 30 hectares in area.
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c) Delaying the forest
planting for more than 03 years for > 05 hectares to 10 hectares in area.
d) Failure to carry out
soil renovation on schedule to replant < 05 hectares to 10 hectares of area
after the mineral extraction.
5. Fines of from VND
200,000,000 to VND 300,000,000 shall be imposed for:
a) Delaying the forest
planting for more than 01 year for > 30 hectares to 40 hectares in area.
b) Delaying the forest
planting for more than 02 years for > 20 hectares to 30 hectares in area.
c) Delaying the forest
planting for more than 03 years for > 10 hectares to 20 hectares in area.
d) Failure to carry out
soil renovation on schedule to replant < 10 hectares to 20 hectares of area
after the mineral extraction.
6. Fines of from VND
300,000,000 to VND 400,000,000 shall be imposed for:
a) Delaying the forest
planting for more than 01 year for > 40 hectares to 50 hectares in area.
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c) Delaying the forest
planting for more than 03 years for > 20 hectares to 30 hectares in area.
d) Failure to carry out
soil renovation on schedule to replant < 20 hectares to 30 hectares of area
after the mineral extraction.
7. Fines of from VND
400,000,000 to VND 500,000,000 shall be imposed for:
a) Delaying the forest
planting for more than 01 year for > 50 hectares in area.
b) Delaying the forest
planting for more than 02 years for > 40 hectares in area.
c) Delaying the forest
planting for more than 03 years for > 30 hectares in area.
d) Failure to carry out
soil renovation on schedule to replant > 30 hectares of area after the
mineral extraction.
8. Remedial measures
The entities committing
the administrative violations specified in Clause 1, 2, 3, 4, 5, 6, 7 of this
Article shall be compelled to apply the remedial measures prescribed in Clause
1, 3 Article 4 of this Decree.
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People who receive or
lease land wholly from state capital for planting forest but do not plant
forest as prescribed in regulations shall incur the penalties below:
1. Fines of from VND
2,000,000 to VND 5,000,000 shall be imposed for:
a) Carrying out afforestation
without a design in 0.5 hectares to 02 hectares.
b) Carrying out
afforestation in contravention of the approved design in 01 hectare to 05
hectares.
c) Failure to comply with
or incompletely comply with the technical procedures of planting and taking
care of planted forest in 01 hectare to 10 hectares.
2. Fines of from VND
5,000,000 to VND 10,000,000 shall be imposed for:
a) Carrying out
afforestation without a design in 02 hectares to 05 hectares.
b) Carrying out afforestation
in contravention of the approved design in 05 hectares to 10 hectares.
c) Failure to comply with
or incompletely comply with the technical procedures of planting and taking
care of planted forest in 10 hectares to 20 hectares.
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a) Carrying out
afforestation without a design in 05 hectares to 10 hectares.
b) Carrying out
afforestation in contravention of the approved design in 10 hectares to 20
hectares.
c) Failure to comply with
or incompletely comply with the technical procedures of planting and taking
care of planted forest in 20 hectares to 50 hectares.
4. Fines of from VND
20,000,000 to VND 50,000,000 shall be imposed for:
a) Carrying out
afforestation without a design with an area of from 10 hectares to 20 hectares.
b) Carrying out
afforestation in contravention of the approved design in > 20 hectares.
c) Failure to comply with
or incompletely comply with the technical procedures of planting and taking
care of planted forest in > 50 hectares.
5. Fines of from VND
50,000,000 to VND 100,000,000 shall be imposed for Carrying out afforestation
without a design in > 20 hectares.
6. Remedial measures
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Article
15. Violations against regulations on forest protection
People who commit the
violation against regulations on forest protection shall incur the penalties
below:
1. Warnings or fines of
from VND 500,000 to VND 1,000,000 shall be imposed for:
a) Bringing handy or
mechanical tools into forest to hunt forest animals.
b) Bringing draft animals
and primitive tools into the forest to illegally extract and/or process mineral
and/or forest resources.
c) Illegal raising,
grazing, or releasing foreign animals and plants into the special-use forest.
2. Warnings or fines of
from VND 1,000,000 to VND 2,000,000 shall be imposed for:
a) Organizing illegal
scientific research or sight-seeing tours in the special-use forest; illegal
collecting sample in the forest.
b) Illegal bringing the
motor vehicles and/or power tools into the forest.
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d) Hunting animals during
breeding season.
dd) Using hunting tools
or methods that are forbidden.
e) Hunting forest animals
in no-hunting areas.
3. Fines of from VND
2,000,000 to VND 3,000,000 shall be imposed for:
a) Burning or using fire
against regulation of State in the strict protection area of special-use
forest.
b) Burning or using fire
in the forests susceptible to fire, or on very dry vegetations during dry
seasons.
c) Burning or using fire
near the timber depot or timberyard when there is fire danger of level III to
V.
d) Burning or using fire
to hunt forest animal, to gather honey or to collect the waste of war.
dd) Burning illegally
fields in forest or at the forest edge.
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4. Fines of from VND
3,000,000 to VND 5,000,000 shall be imposed for the forest owner who receives
or leases forest and:
a) Fails to have plan for
fire prevention and fighting and wildfire prevention and fighting works; does
not perform or perform incorrectly the plan of forest fire prevention and
fighting approved by competent authority.
b) Let the water
provision for fire prevention out in the dry season.
c) Fail to patrol or look
after the forest to avoid burning of the natural forest or planted forest they
own.
5. Additional penalties:
a) The exhibits, handy tools
and petrol sawing machines in the administrative violation prescribed in Clause
1 of this Article shall be confiscated.
b) The instruments using
for hunting forest animals that are forbidden as prescribed in Clause 1 of this
Article shall be confiscated.
6. Remedial measures
The entities committing
the violations specified in Clause 1 of this Article shall be compelled to
apply the remedial measures prescribed in Point c Clause 1 Article 28 of the
Law on Actions against administrative violations.
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Article
16. Violations against regulations on forest fire prevention and fighting and
lead to wildfire
Any person whose
violation against the regulations on forest fire prevention and fighting leads
to wildfire shall incur the penalties below:
1. Warnings or fines of
from VND 200,000 to VND 1,000,000 shall be imposed for the violations leading
to:
a) The fire of planting
forest or cultivation serving restoration forest type 1c in the area of <
1,000 m2
b) The fire of production
forest in the area of < 500 m2
c) The fire of protective
forest in the area of < 300 m2.
d) The fire of
special-use forest in the area of < 200 m2.
2. Fines of from VND
1,000,000 to VND 3,000,000 shall be imposed for:
a) The fire of planting
forest or cultivation serving restoration forest type 1c in the area of 1,000 m2
to 2,000 m2.
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c) The fire of protective
forest in the area of 300 m2 to 500 m2.
d) The fire of
special-use forest in the area of 200 m2 to 300 m2.
3. Fines of from VND 3,000,000
to VND 5,000,000 shall be imposed for the violations leading to:
a) The fire of planting
forest or cultivation serving restoration forest type 1c in the area of >
2,000 m2 to 5,000 m2.
b) The fire of production
forest in the area of 1,000 m2 to 2,000 m2.
c) The fire of protective
forest in the area of 500 m2 to 1,500 m2.
d) The fire of
special-use forest in the area of 300 m2 to 1,000 m2.
4. Fines of from VND
5,000,000 to VND 10,000,000 shall be imposed for the violations leading to:
a) The fire of planting
forest or cultivation serving restoration forest type 1c in the area of >
5,000 m2 to 10,000 m2.
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c) The fire of protective
forest in the area of 1,500 m2 to 2,500 m2.
d) The fire of
special-use forest in the area of 1,000 m2 to 2,000 m2.
5. Fines of from VND
10,000,000 to VND 20,000,000 shall be imposed for the violations leading to:
a) The fire of planting
forest or cultivation serving restoration forest type 1c in the area of >
10,000 m2 to 20,000 m2.
b) The fire of production
forest in the area of 3,000 m2 to 5,000 m2.
c) The fire of protective
forest in the area of 2,500 m2 to 4,000 m2.
d) The fire of
special-use forest in the area of 2,000 m2 to 3,000 m2.
6. Fines of from VND
20,000,000 to VND 30,000,000 shall be imposed for the violations leading to:
a) The fire of planting
forest or cultivation serving restoration forest type 1c in the area of >
20,000 m2 to 30,000 m2.
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c) The fire of protective
forest in the area of 4,000 m2 to 5,000 m2.
d) The fire of
special-use forest in the area of 3,000 m2 to 4,000 m2.
7. Fines of from VND
30,000,000 to VND 50,000,000 shall be imposed for the violations leading to:
a) The fire of planting
forest or cultivation serving restoration forest type 1c in the area of >
30,000 m2 to 50,000 m2.
b) The fire of production
forest in the area of 6,000 m2 to 10,000 m2.
c) The fire of protective
forest in the area of 5,000 m2 to 7,500 m2.
d) The fire of
special-use forest in the area of 4,000 m2 to 5,000 m2.
8. Remedial measures
a) The entities
committing the violations specified in Clause 1, 2, 3, 4, 5, 6, 7 of this
Article shall be compelled to apply the remedial measures prescribed in Point c
Clause 1 Article 28 of the Law on Actions against administrative violations.
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Article
17. Grazing cattle in forbidden forests
People who graze cattle
in forbidden forests shall incur the penalties below:
1. Warnings or fines of
from VND 100,000 to VND 1,000,000 shall be imposed for the grazing of animal in
the strict protection area of special-use forest:
2. Fines of from VND
1,000,000 to VND 3,000,000 shall be imposed for the grazing in the forest
planting sapling or 4-5 years planted forest, cultivation serving restoration
forest where grazing is forbidden.
3. Remedial measures:
The entities committing
the administrative violations specified in Clause 1, 2 of this Article shall be
compelled to apply the remedial measures prescribed in Clause 1 Article 4 of
this Decree.
Article
18. Violations against the regulations on the prevention of forest pests:
1. Fines of from VND
2,000,000 to VND 10,000,000 shall be imposed for the forest owner purposefully
deny to carry out measures of preventing creature damage forest as prescribed
in laws.
2. Fines of from VND 10,000,000
to VND 20,000,000 shall be imposed for the use of pesticide forbidden by the
laws:
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Pesticide forbidden by
the laws which is used for the violations prescribed in Clause 2 of this
Article shall be confiscated.
4. Remedial measures
The entities committing
the violations specified in Clause 1, 2 of this Article shall be compelled to
apply the remedial measures prescribed in Point c Clause 1 Article 28 of the
Law on Actions against administrative violations.
Article
19. Destruction of the works serving the forest protection and development
People who cause damage
to the works for the protection and development of forests, such as the
station, fire watch tower, signal, protecting forest panel; fence, forest
boundary; tank, water reservoir for wildfire fighting; vehicle, tool used for
the protection and development of forests; cause change or damage to these
works shall be liable to:
1. Warnings or fines of
from VND 100,000 to VND 300,000 shall be imposed for: writing, drawing onto the
signs, forest protection propagation boards; erasing the information or
pictures on the signs, forest protection propagation boards.
2. Fines of from VND
300,000 to VND 3,000,000 shall be imposed for removal of forest protection
signs:
3. Fines of from VND
5,000,000 to VND 10,000,000 shall be imposed for:
a) Destroying the
forestry roads.
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c) Destroying the fire
obstacles.
d) Destroying forest
perimeter fences, landmarks.
4. Fines of from VND
10,000,000 to VND 20,000,000 shall be imposed for destroying propaganda boards
of forest protection, sentry boxes, working places, and other vehicles,
instruments and properties used for forest protection.
5. Remedial measures
The entities committing
the violations specified in Clause 1, 2, 3, 4 of this Article shall be
compelled to apply the remedial measures prescribed in Point a Clause 1 Article
28 of the Law on Actions against administrative violations.
Article
20. Illegal forest destruction
People who damage forest
trees; excavate, flatten, blast, impound water, discharge toxins or any other
acts that cause damage to forests for any purpose (except for the acts
mentioned in Article 12 of this Decree) without permission by the competent
authorities; people permitted to repurpose forests that fail to adhere to
regulations shall incur the penalties below:
1. Fines of from VND
300,000 to VND 5,000,000 shall be imposed for illegal destruction of:
a) Immature planted forests
or cultivation serving restoration forest type 1c in an area of < 1,500 m2
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c) Protective forest with
the area of < 500 m2.
d) Special-use forest
with the area of < 200 m2.
2. Fines of from VND
5,000,000 to VND 10,000,000 shall be imposed for the illegal destruction of:
a) Planting forest or
contained cultivation area serving restoration forests of type 1c in the area
of 1,500 m2 to 5,000 m2.
b) Production forest in
the area of 800 m2 to 1,000 m2.
c) Protective forest in
the area of 500 m2 to 800 m2.
d) Special-use forest in
the area of 200 m2 to 300 m2.
3. Fines of from VND
10,000,000 to VND 20,000,000 shall be imposed for the illegal destruction of:
a) Immature planted
forests or contained cultivation area serving restoration forest of type 1c in
the area of 5,000 m2 to 10,000 m2.
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c) Protective forest in
the area of 800 m2 to 1,500 m2.
d) Special-use forest in
the area of 300 m2 to 500 m2.
4. Fines of from VND
20,000,000 to VND 30,000,000 shall be imposed for the illegal destruction of:
a) Immature planted
forests or contained cultivation area serving restoration forest of type 1c in
the area of 10,000 m2 to 20,000 m2.
b) Production forest in
the area of 2,000 m2 to 3,000 m2.
c) Protective forest in
the area of 1,500 m2 to 2,000 m2.
d) Special-use forest in
the area of 500 m2 to 700 m2.
5. Fines of from VND
30,000,000 to VND 50,000,000 shall be imposed for the illegal destruction of:
a) Immature planted
forests or contained cultivation area serving restoration forest of type 1c in
the area of 20,000 m2 to 30,000 m2.
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c) Protective forest in
the area of 2.000 m2 to 3,000 m2.
d) Special-use forest in
the area of 700 m2 to 1.000 m2.
6. Additional penalties:
The exhibits,
instruments, and vehicles used for the administrative violation prescribed in
Clause 1, 2, 3, 4, 5 of this Article shall be confiscated.
7. Remedial measures
The entities committing
the violations specified in Clause 1, 2, 3, 4, 5 of this Article shall be
compelled to apply the remedial measures prescribed in Point b, c, i Article 28
of the Law on Actions against administrative violations and Clause 1 Article 4
of this Article.
SECTION
3. VIOLATIONS AGAINST THE REGULATIONS ON FOREST PRODUCT MANAGEMENT
Article
21. Violations against the regulations on forest animal management and
protection
People who illegally hunt,
trap or catch; illegally keep or extract derivatives of forest animals;
illegally kill forest animals (other than cases prescribed in Point a Clause 2
Article 7 of this Article) shall incur the penalties below:
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a) Products or
derivatives of forest animals other than endangered and precious species that
are assessed at < VND 7,000,000.
b) Products or
derivatives of IIB forest animals that are assessed at < VND 4,000,000.
2. Fines of from VND
10,000,000 to VND 20,000,000 shall be imposed for the violations that involve:
a) Products or
derivatives of forest animals other than endangered and precious species that
are assessed at VND 7,000,000 to VND 13,000,000
b) Products or
derivatives of IIB forest animals that are assessed at VND 4,000,000 to VND
8,000,000.
3. Fines of from VND
20,000,000 to VND 30,000,000 shall be imposed for the violations that involve:
a) Products or derivatives
of forest animals other than endangered and precious species that are assessed
at VND > 13,000,000 to VND 20,000,000
b) Products or
derivatives of IIB forest animals that are assessed at > VND 8,000,000 to
VND 12,000,000.
c) Products or derivatives
of IB forest animals that are assessed at < VND 10,000,000.
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a) Products or
derivatives of forest animals other than endangered and precious species that
are assessed at > VND 20,000,000 to VND 35,000,000
b) Products or
derivatives of IIB forest animals that are assessed at > VND 12,000,000 to
VND 20,000,000.
c) Products or
derivatives of IB forest animals that are assessed at VND 10,000,000 to VND
20,000,000.
d) Illegal raising 01
individual of IB forest animals.
5. Fines of from VND
50,000,000 to VND 100,000,000 shall be imposed for the violations that involve:
a) Products or
derivatives of forest animals other than endangered and precious species that are
assessed at > VND 35,000,000 to VND 65,000,000
b) Products or
derivatives of IIB forest animals that are assessed at > VND 20,000,000 to
VND 40,000,000.
c) Products or
derivatives of IB forest animals that are assessed at VND > 20,000,000 to
VND 30,000,000.
d) Illegal raising 02
individuals of IB forest animals.
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a) Products or
derivatives of forest animals other than endangered and precious species that are
assessed at > VND 65,000,000 to VND 135,000,000
b) Products or
derivatives of IIB forest animals that are assessed at > VND 40,000,000 to
VND 80,000,000.
c) Products or
derivatives of IB forest animals that are assessed at VND > 30,000,000 to
VND 50,000,000.
d) Illegal raising 03 to
04 individuals of IB forest animals.
7. Fines of from VND
200,000,000 to VND 300,000,000 shall be imposed for the violations that
involve:
a) Products or
derivatives of forest animals other than endangered and precious species that
are assessed at > VND 135,000,000 to VND 200,000,000
b) Products or
derivatives of IIB forest animals that are assessed at > VND 80,000,000 to
VND 120,000,000.
c) Products or
derivatives of IB forest animals that are assessed at VND > 50,000,000 to
VND 80,000,000.
d) Illegal raising 05 to
06 individuals of IB forest animals.
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a) Products or
derivatives of forest animals other than endangered and precious species that
are assessed at > VND 200,000,000 to VND 270,000,000
b) Products or
derivatives of IIB forest animals that are assessed at > VND 120,000,000 to
VND 160,000,000.
c) Products or
derivatives of IB forest animals that are assessed at VND > 80,000,000 to
VND 100,000,000.
d) Illegal raising 07 to
08 individuals of IB forest animals.
9. Fines of from VND
400,000,000 to VND 500,000,000 shall be imposed for the violations that
involve:
a) Products or
derivatives of forest animals other than endangered and precious species that
are assessed at from > VND 270,000,000.
b) Products or
derivatives of IIB forest animals that are assessed at from > VND
160,000,000.
d) Illegal raising 08
individuals of IB forest animals.
10. People who are
allowed to raise IB animals or other types of wild animals but commit the
violation against the regulations on standards of breeding facilities shall be
fined from VND 20,000,000 to VND 30,000,000.
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a) The exhibits shall be
confiscated if any of the violations specified in Clause 1, 2, 3, 4, 5, 6, 7,
8, 9 of this Article is committed.
a) The exhibits, vehicles
and instruments used for committing administrative violations specified in
Clause 4, 5, 6, 7, 8, 9 of this Article shall be confiscated.
a) The permit of shotgun
use and the certificate on raising forest animals used in the violations
specified in Clause 4, 5, 6, 7, 8, 9 of this Article shall be suspended for 06
to 12 months.
12. Remedial measures
The entities committing
the violations specified in Clause 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 of this
Article shall be compelled to apply the remedial measures prescribed in Point
c, dd Clause 1 Article 28 of the Law on Actions against administrative
violations.
Article
22. Illegal transport of forest product
People who transport
forest products (from the time gathering forest products for loading onto
transport or loaded onto transport vehicles) without legal documents or with
legal documents but not corresponding to forest products being transported in
reality; people who transport timber without mark prescribed in laws shall
incur the penalties below:
1. Fines of from VND
1,000,000 to VND 5,000,000 shall be imposed for the illegal transport of :
a) Products or
derivatives of forest animals other than endangered and precious species that
are assessed at < VND 5,000,000.
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c) < 1 m3
of timber other than endangered or precious timber.
d) < 0.7 m3
of IIA timber.
dd) Products or
derivatives of forest plants (except for timber) that are assessed at < VND
7,000,000.
e) The products illegally
made from timber and value < VND 10,000,000.
2. Fines of from VND
5,000,000 to VND 10,000,000 shall be imposed for the illegal transport of :
a) Products or
derivatives of forest animals other than endangered and precious species that
are assessed at VND 5,000,000 to VND 10,000,000
b) Products or derivatives
of IIB forest animals that are assessed at VND 3,000,000 to VND 5,000,000.
c) 1 m3 to 1.5
m3 of timber other than endangered or precious species.
d) 0.7 m3 to 1
m3 of IIA timber.
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e) The products illegally
made from timber and value VND 10,000,000 to VND 20,000,000.
3. Fines of from VND
10,000,000 to VND 20,000,000 shall be imposed for the illegal transport of :
a) Products or derivatives
of forest animals other than endangered and precious species that are assessed
at > VND 10,000,000 to VND 13,000,000
b) Products or
derivatives of IIB forest animals that are assessed at > VND 5,000,000 to
VND 7,000,000.
c) Products or derivatives
of IB forest animals that are assessed at < VND 7,000,000.
d) > 1.5 m3
to 3 m3 of timber other than endangered or precious species.
dd) > 1 m3
to 1.5 m3 of IIA timber.
e) < 0.3 m3
of IA timber.
g) Products or
derivatives of forest plants (except for timber) that are assessed at VND
10,000,000 to VND 20,000,000.
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4. Fines of from VND
20,000,000 to VND 30,000,000 shall be imposed for the illegal transport of:
a) Products or
derivatives of forest animals other than endangered and precious species that
are assessed at > VND 13,000,000 to VND 20,000,000
b) Products or
derivatives of IIB forest animals that are assessed at > VND 7,000,000 to
VND 12,000,000.
c) Products or derivatives
of IB forest animals that are assessed at VND 7,000,000 to VND 10,000,000.
d) > 3 m3
to 6 m3 of timber other than endangered or precious species.
dd) > 1.5 m3
to 2 m3 of IIA timber.
e) 0.3 m3 to
0.5 m3 of IA timber.
g) Products or
derivatives of forest plants (except for timber) that are assessed at VND
20,000,000 to VND 30,000,000.
h) The products illegally
made from timber and value VND 30,000,000 to VND 50,000,000.
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a) Products or
derivatives of forest animals other than endangered and precious species that
are assessed at > VND 20,000,000 to VND 35,000,000
b) Products or
derivatives of IIB forest animals that are assessed at > VND 12,000,000 to
VND 20,000,000.
c) Products or
derivatives of IB forest animals that are assessed at > VND 10,000,000 to
VND 15,000,000.
d) > 6 m3
to 10 m3 of timber other than endangered or precious species.
dd) > 2 m3
to 3 m3 of IIA timber.
e) > 0.5 m3
to 0.7 m3 of IA timber.
g) Products or
derivatives of forest plants (except for timber) that are assessed at > VND
30,000,000 to VND 50,000,000.
h) The products illegally
made from timber and value VND 50,000,000 to VND 70,000,000.
6. Fines of from VND
50,000,000 to VND 100,000,000 shall be imposed for the illegal transport of :
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b) Products or
derivatives of IIB forest animals that are assessed at > VND 20,000,000 to
VND 40,000,000.
c) Products or
derivatives of IB forest animals that are assessed at > VND 15,000,000 to
VND 30,000,000.
d) > 10 m3
to 20 m3 of timber other than endangered or precious species.
dd) > 3 m3
to 7 m3 of IIA timber.
e) > 0.7 m3
to 1 m3 of IA timber.
g) Products or
derivatives of forest plants (except for timber) that are assessed at > VND
50,000,000 to VND 100,000,000.
h) The products illegally
made from timber and value VND 70,000,000 to VND 100,000,000.
7. Fines of from VND
100,000,000 to VND 200,000,000 shall be imposed for the illegal transport of :
a) Products or
derivatives of forest animals other than endangered and precious species that
are assessed at > VND 70,000,000 to VND 135,000,000.
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c) Products or
derivatives of IB forest animals that are assessed at > VND 30,000,000 to
VND 50,000,000.
d) > 7 m3
to 10 m3 of IIA timber.
dd) > 1 m3
to 1.5 m3 of IA timber.
e) Products or
derivatives of forest plants (except for timber) that are assessed at > VND
100,000,000 to VND 200,000,000.
g) The products illegally
made from timber and value VND 100,000,000 to VND 200,000,000.
8. Fines of from VND
200,000,000 to VND 300,000,000 shall be imposed for the illegal transport of:
a) Products or
derivatives of forest animals other than endangered and precious species that
are assessed at > VND 135,000,000 to VND 200,000,000.
b) Products or
derivatives of IIB forest animals that are assessed at > VND 80,000,000 to
VND 120,000,000.
c) Products or
derivatives of IB forest animals that are assessed at > VND 50,000,000 to
VND 80,000,000.
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dd) Products or
derivatives from forest plants (except for timber) that are assessed at >
VND 200,000,000.
9. Fines of from VND
300,000,000 to VND 400,000,000 shall be imposed for the illegal transport of:
a) Products or
derivatives of forest animals other than endangered and precious species that
are assessed at > VND 200,000,000 to VND 270,000,000.
b) Products or
derivatives of IIB forest animals that are assessed at > VND 120,000,000 to
VND 160,000,000.
c) Products or derivatives
of IB forest animals that are assessed at > VND 80,000,000 to VND
100,000,000.
d) The products illegally
made from timber and value VND 300,000,000 to VND 400,000,000.
10. Fines of from VND 400,000,000
to VND 500,000,000 shall be imposed for the illegal transport of:
a) Products or
derivatives of forest animals other than endangered and precious species that
are assessed at from > VND 270,000,000.
b) Products or
derivatives of IIB forest animals that are assessed at from > VND
160,000,000.
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11. Additional penalties:
a) The exhibits from
administrative violations specified in Clause 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 of
this Article ((unless the timber has lawful documents and origins but the
amount of timber cut exceeding the acceptable variation determined by the
Ministry of Agriculture and Rural development) shall be confiscated.
b) The facilities used in
the administrative violations specified in Clause 1, 2, 3, 4, 5, 6, 7, 8, 9, 10
of this Article (except for the ones prescribed in Clause 7, 8 Article 3 of
this Decree) shall be confiscated in one of the following cases:
- Systematic violations
- Repetition of a
violation.
- Use of vehicles having
hidden containers, unregistered modified vehicles which must be registered with
competent agencies according to regulations, or vehicles having fake license
numbers.
- Transport of > 1.5 m3
of timber which is not endangered and precious; > 0.5 m3 of
timber which is endangered and precious.
- Transport of forest
plants which are endangered and precious and their derivatives (except for
timber) with value of ≥ VND 10,000,000; forest animal which are endangered and
precious and their derivatives with value of ≥ VND 5,000,000; species which are
endangered and precious and their derivatives with value of ≥ VND 3,000,000.
Transport of multiple
types of timber (which are not endangered or precious) or forest product other
than endangered and precious species, no matter how much the value of each type
is, as long as the total amount of timber illegally transported is ≥ 1.5 m3
or the total value of the forest product other than timber illegally
transported is ≥ VND 15,000,000.
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a) The violations
specified in Point a, b of Clause 1, 2, 10; Point a, b, c of Clause 3, 4, 5, 6,
7, 8, 9 of this Article shall be compelled to apply the remedial measures
prescribed in Point c, dd Clause 1 Article 28 of the Law on Actions against administrative
violations.
b) The violations
specified in Clause 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 of this Article shall be
compelled to apply the remedial measures prescribed in Point i Clause 1 Article
28 of the Law on Actions against administrative violations.
13. The transport of
forest products which has lawful origins but the documents of which are not
conformable with the regulations of laws shall be fined as prescribed in
Article 24 of this Decree.
Any entity that
transports natural charcoal and coal derived from natural forests shall be
fined as prescribed in Clause 4 Article 12 of this Decree.
14. The owner of forest
product shall incur fines for the sale of forest product according to Article
23 of this Decree.
15. The owner of the
vehicles shall incur the same fines as people who illegally transport forest
products prescribed in this Article (unless the vehicles are illegally
appropriated or used as prescribed in Clause 7, 8 Article 3 of this Decree).
Article
23. Trading, storing, processing forest products against the State’s
regulations
People who trade, store,
process and operate forest products without lawful documents or in
contravention of lawful documents; people who transport timber without mark
regulated in laws shall incur the penalties below:
1. Fines of from VND
1,000,000 to VND 5,000,000 shall be imposed for the violations that involve:
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b) Products or
derivatives of IIB forest animals that are assessed at < VND 3,000,000.
c) < 1 m3
of timber other than endangered or precious species.
d) < 0.7 m3
of IIA timber.
dd) Products or
derivatives of forest plants (except for timber) that are assessed at < VND
7,000,000.
e) The products illegally
made from timber and value < VND 10,000,000.
2. Fines of from VND
5,000,000 to VND 10,000,000 shall be imposed for the violations that involve:
a) Products or
derivatives of forest animals other than endangered and precious species that
are assessed at VND 5,000,000 to VND 10,000,000.
b) Products or
derivatives of IIB forest animals that are assessed at VND 3,000,000 to VND
5,000,000.
c) 1 m3 to 1.5
m3 of timber other than endangered or precious species.
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dd) Products or
derivatives of forest plants (except for timber) that are assessed at VND
7,000,000 to VND 10,000,000.
e) The products illegally
made from timber and value VND 10,000,000 to VND 20,000,000.
3. Fines of from VND
10,000,000 to VND 20,000,000 shall be imposed for the violations that involve:
a) Products or
derivatives of forest animals other than endangered and precious species that
are assessed at > VND 10,000,000 to VND 13,000,000.
b) Products or derivatives
of IIB forest animals that are assessed at > VND 5,000,000 to VND 7,000,000.
c) Products or
derivatives of IB forest animals that are assessed at < VND 7,000,000.
d) > 1.5 m3
to 3 m3 of timber other than endangered or precious species.
dd) > 1 m3
to 1.5 m3 of IIA timber.
e) < 0.3 m3
of IA timber.
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h) The products illegally
made from timber and value VND 20,000,000 to VND 30,000,000.
4. Fines of from VND
20,000,000 to VND 30,000,000 shall be imposed for the violations that involve:
a) Products or
derivatives of forest animals other than endangered and precious species that
are assessed at > VND 13,000,000 to VND 20,000,000.
b) Products or
derivatives of IIB forest animals that are assessed at > VND 7,000,000 to
VND 12,000,000.
c) Products or
derivatives of IB forest animals that are assessed at VND 7,000,000 to VND
10,000,000.
d) > 3 m3
to 6 m3 of timber other than endangered or precious species.
dd) > 1.5 m3
to 2 m3 of IIA timber.
e) 0.3 m3 to
0.5 m3 of IA timber.
g) Products or
derivatives of forest plants (except for timber) that are assessed at > VND
20,000,000 to VND 30,000,000.
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5. Fines of from VND
30,000,000 to VND 50,000,000 shall be imposed for the violations that involve:
a) Products or
derivatives of forest animals other than endangered and precious species that
are assessed at > VND 20,000,000 to VND 35,000,000.
b) Products or
derivatives of IIB forest animals that are assessed at > VND 12,000,000 to
VND 20,000,000.
c) Products or
derivatives of IB forest animals that are assessed at > VND 10,000,000 to
VND 15,000,000.
d) > 6 m3 to
10 m3 of timber other than endangered or precious species.
dd) > 2 m3
to 3 m3 of IIA timber.
e) > 0.5 m3
to 0.7 m3 of IA timber.
g) Products or
derivatives of forest plants (except for timber) that are assessed at > VND
30,000,000 to VND 50,000,000.
h) The products illegally
made from timber and value VND 50,000,000 to VND 70,000,000.
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a) Products or
derivatives of forest animals other than endangered and precious species that
are assessed at > VND 35,000,000 to VND 70,000,000.
b) Products or
derivatives of IIB forest animals that are assessed at > VND 20,000,000 to
VND 40,000,000.
c) Products or
derivatives of forest animals other than group IB that are assessed at > VND
15,000,000 to VND 30,000,000.
d) > 10 m3
to 20 m3 of timber other than endangered or precious species.
dd) > 3 m3
to 7 m3 of IIA timber.
e) > 0.7 m3
to 1 m3 of IA timber.
g) Products or derivatives
of forest plants (except for timber) that are assessed at > VND 50,000,000
to VND 100,000,000.
h) The products illegally
made from timber and value VND 70,000,000 to VND 100,000,000.
7. Fines of from VND
100,000,000 to VND 200,000,000 shall be imposed for the violations that
involve:
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b) Products or
derivatives of IIB forest animals that are assessed at > VND 40,000,000 to
VND 80,000,000.
c) Products or
derivatives of IB forest animals that are assessed at > VND 30,000,000 to
VND 50,000,000.
d) > 7 m3
to 10 m3 of IIA timber.
dd) > 1 m3
to 1.5 m3 of IA timber.
e) Products or
derivatives of forest plants (except for timber) that are assessed at > VND
100,000,000 to VND 200,000,000.
g) The products illegally
made from timber and value VND 100,000,000 to VND 200,000,000.
8. Fines of from VND
200,000,000 to VND 300,000,000 shall be imposed for the violations that
involve:
a) Products or
derivatives of forest animals other than endangered and precious species that
are assessed at > VND 135,000,000 to VND 200,000,000.
b) Products or
derivatives of IIB forest animals that are assessed at > VND 80,000,000 to
VND 120,000,000.
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d) The products illegally
made from timber and value VND 200,000,000 to VND 300,000,000.
dd) Products or derivatives
of forest plants (except for timber) that are assessed at > VND 200,000,000.
9. Fines of from VND
300,000,000 to VND 400,000,000 shall be imposed for the violations that
involve:
a) Products or
derivatives of forest animals other than endangered and precious species that
are assessed at > VND 200,000,000 to VND 270,000,000.
b) Products or
derivatives of IIB forest animals that are assessed at > VND 120,000,000 to
VND 160,000,000.
c) Products or
derivatives of IB forest animals that are assessed at > VND 80,000,000 to
VND 100,000,000.
d) The products illegally
derived from timber and value VND 300,000,000 to VND 400,000,000.
10. Fines of from VND
400,000,000 to VND 500,000,000 shall be imposed for the violations that
involve:
a) Products or derivatives
of forest animals other than endangered and precious species that are assessed
at from > VND 270,000,000.
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g) The products illegally
derived from timber and value > VND 400,000,000.
11. The trading, storing
and processing of forest product which has lawful origin without document of
the product complying with the regulations of laws shall incur the penalties
prescribed in Article 24 of this Decree.
12. Additional penalties:
a) The exhibits used for
the violations specified in Clause 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 of this
Article shall be confiscated.
a) The license shall be
suspended for 06 to 12 months with regard to the violations prescribed in
Clause 5, 6, 7, 8, 9, 10of this Article. .
13. Remedial measures
a) The entities
committing the violations specified in Point a, b of Clause 1, 2, 10; Point a,
b, c of Clause 3, 4, 5, 6, 7, 8, 9 of this Article shall be compelled to apply
the remedial measures prescribed in Point c, dd Clause 1 Article 28 of the Law
on Actions against administrative violations.
b) The entities
committing the violations specified in Clause 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 of
this Article shall be compelled to apply the remedial measures prescribed in
Point i Clause 1 Article 28 of the Law on Actions against administrative
violations.
14. If people stored the
timber without evidence proving their possessive towards the timber, then such
timber shall be confiscated by the competent penalty imposer as prescribed in
Clause 2 Article 65 of the Law on handling of administrative violations.
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1. Warnings or fines of
from VND 500,000 to VND 1,000,000 shall be imposed for:
a) The owner of forest
products processing, trading, transporting, purchasing, selling and storing of
forest plants and their derivatives ( except for timber), forest animals and
their derivatives by breeding with lawful origin but not comply with the
current laws on forest production documents and management procedures.
b) The owner of forest
products processing, trading, transporting, purchasing, selling and storing of
timber from planted forest and timber from owned forest, dispersive plants
having lawful origin but not complying with the current laws on forest
production documents and management procedures.
2. Fines of from VND
1,000,000 to VND 5,000,000 shall be imposed for:
a) The forest owner does
not making document on forest use and management in accordance with laws.
b) The owner of the
agency of forest processing, operating, trading does the business without
recording as prescribed in laws.
c) The owner of the farm
of wild animals having lawful origin but not having the business registered as
prescribed in laws.
3. Fines of from VND
5,000,000 to VND 10,000,000 shall be imposed for people who trades, transports,
processes, operates and stores the forest product which is legally imported but
does not comply with the regulations on forest product document and management
procedures.
4. Fines of from VND
10,000,000 to VND 15,000,000 shall be imposed for people who trades,
transports, processes, operates and stores the timber from natural forest that
has lawful origin but does not comply with the regulations on forest product
document and management procedures.
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6. Additional penalties:
The entities committing
the administrative violations defined in Clause 5 of this Article shall be
liable to the timber processing partially suspended or have the certificate on
timber process conditions revoked for 06 to 12 months.
Chapter
III.
COMPETENCE
FOR PENALTIES FOR ADMINISTRATIVE VIOLATIONS
Article
25. Entitlements to make records on administrative violations
1. The competent penalty
imposers prescribed in this Decree.
2. Officials and civil
servants being on duty of forest management, development, protection and forest
product management.
3. If an entitled person
working in Police, the Border guard, Market controller, Inspector makes the
offence notice and finds that the administrative violations is not intra vires,
then this person shall transfer the documents, exhibits, vehicles and
instruments of administrative violations to the agencies competent to impose
sanctions as prescribed in Article 52 of the Law on Actions against
administrative violations.
Article
26. Entitlements to make imposition on administrative violations of forest
management
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a) Warnings;
b) Fines of up to VND
500,000.
2. Head of ranger station
is entitled to impose:
a) Warnings;
b) Fines of up to VND
10,000,000;
c) Confiscation of the
exhibits, vehicles and instruments used for committing administrative
violations assessed at up to VND 10,000,000.
3. Head of Forest ranger
agency of district, Head of Forest ranger agency of protective forests, Head of
Forest ranger agency of specialized forests (hereinafter referred to as Head of
Forest ranger agency); Captain of mobile forest Ranger and wildfire prevention
and fighting entitled to impose:
a) Warnings;
b) Fines of up to VND
25,000,000;
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a) Adoption of the
remedial measures prescribed in Point a, c, dd, i Clause 1 Article 28 of the
Law on Actions against administrative violations; Clause 1, 2, Article 4 of
this Decree.
4. Director of the Forest
Protection Department of district, Head of special mission ranger, Forest
Protection Department are entitled to impose:
a) Warnings;
b) Fines of up to VND
50,000,000;
c) Confiscation of the
exhibits, vehicles and instruments for committing administrative violations
value up to VND 50,000,000.
d) Revocation of the
practising certificate or license in limited time(including the mineral
extraction in the forestry land) as prescribed in this Decree;
a) Adoption of the
remedial measures prescribed in Point a, c, dd, i Clause 1 Article 28 of the
Law on Actions against administrative violations; Clause 1, 2, 3, Article 4 of
this Decree.
5. Director of Forest
Protection Department is entitled to impose:
a) Warnings:
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c) Confiscation of the exhibits,
vehicles and instruments for committing administrative violations;
d) Revocation of the
practising certificate or license (including the mineral extraction in the
forestry land) as prescribed in this Decree;
dd) Application of the
remedial measures prescribed in Point a, c, dd, i Clause 1 Article 28 of the
Law on Actions against administrative violations; Clause 1, 2, 3, Article 4 of
this Decree.
Article
27. Entitlements to make records on administrative violations of the President
of People's Committees
1. Presidents of People’s
Committees of communes are entitled to impose:
a) Warnings:
b) Fines up to VND
5,000,000;
c) Confiscation of the
exhibits, vehicles and instruments for committing administrative violations
value up to VND 5,000,000.
a) Application of the
remedial measures prescribed in Point a, c, dd, i Clause 1 Article 28 of the
Law on Actions against administrative violations.
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a) Warnings:
b) Fines up to VND 50,000,000;
c) Confiscation of the
exhibits ,vehicles and instruments for committing administrative violations
value up to VND 50,000,000.
d) Revocation of the
practising certificate or license in limited time (including the mineral
extraction in the forestry land) as prescribed in this Decree;
a) Appliance of the
remedial measures prescribed in Point a, c, dd, i Clause 1 Article 28 of the
Law on Actions against administrative violations; Clause 1, 2, 3, Article 4 of
this Decree.
3. Presidents of People’s
Committees of provinces are entitled to impose:
a) Warnings:
b) Fines up to the
maximum amount for forest management, development, protection and forest
product management;
c) Confiscation of the
exhibits ,vehicles and instruments for committing administrative violations;
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a) Application of the
remedial measures prescribed in Point a, c, dd, i Clause 1 Article 28 of the
Law on Actions against administrative violations; Clause 1, 2, 3, Article 4 of
this Decree.
4. Local Forest
management agencies are responsible for giving advises to People’s Committee
respectively in the imposition of penalties on administrative violations
prescribed in this Article.
Article
28. Entitlements to make records on administrative violations of the inspector
in forest management, development, protection and forest product management
1. Inspectors, people who
are being on duty of inspecting are entitled to impose:
a) Warnings:
b) Fines not exceeding
VND 500,000;
c) Confiscation of the
exhibits ,vehicles and instruments for committing administrative violations
value not exceeding VND 500,000.
d) Application of the remedial
measures prescribed in Point a, c, dd, i Clause 1 Article 28 of the Law on
Actions against administrative violations.
2. The Chief Inspector of
the Service of Agriculture and Rural development is entitled to impose:
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b) Fines up to VND
50,000,000;
c) Confiscation of the
exhibits ,vehicles and instruments for committing administrative violations
value not exceeding VND 50,000,000.
d) Revocation of the
practising certificate or license or suspend the business in limited time as
prescribed in this Decree;
dd) Application of the
remedial measures prescribed in Point a, c, dd, i Clause 1 Article 28 of the
Law on Actions against administrative violations; Clause 1, 2, 3, Article 4 of
this Decree.
3. The Chief Inspector of
the Ministry of Agriculture and Rural development, the Director of Vietnam
Administration of Forestry is entitled to impose:
a) Warnings:
b) Fines up to the
maximum amount for forest management, development, protection and forest
product management;
c) Confiscation of the exhibits
,vehicles and instruments for committing administrative violations;
d) Revocation of the
practising certificate or license or suspend the business in limited time as
prescribed in this Decree;
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4. The Head Inspector of
the Service of Agriculture and Rural development is entitled to impose:
a) Warnings:
b) Fines up to VND
250,000,000;
c) Confiscation of the
exhibits ,vehicles and instruments for committing administrative violations
value not exceeding VND 250,000,000.
d) Revocation of the
practising certificate or license or suspend the business in limited time as
prescribed in this Decree;
5. Head of Inspectorate
of Vietnam Administration of Forestry, and services who are in charge of
inspecting are entitled to impose:
a) Warnings:
b) Fines up to VND
50,000,000;
c) Confiscation of the
exhibits ,vehicles and instruments for committing administrative violations
value not exceeding VND 50,000,000.
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Article
29. Entitlements to make records on administrative violations of the Police,
the Border guard, Market control
1. Competent penalty
imposers work for People’s Police prescribed in Article 39 of the Law on
Actions against administrative violations are entitled to carry out
inspections, make administrative violation records, impose penalties for
entities committing administrative violations and adopt the remedial measures
for the administrative violations prescribed in this Decree as prescribed in
Article 52 of the Law on Actions against administrative violations.
2. Competent penalty
imposers work for the Border guard prescribed in Article 40 of the Law on
Actions against administrative violations are entitled to carry out
inspections, make administrative violation records, impose penalties for entities
committing administrative violations and adopt the remedial measures for the
administrative violations prescribed in this Decree as prescribed in Article 52
of the Law on Actions against administrative violations.
3. Competent penalty
imposers work for the Market control prescribed in Article 45 of the Law on
Actions against administrative violations are entitled to carry out the
inspections, make administrative violation records, impose penalties for
entities committing administrative violations and adopt the remedial measures
for the administrative violations prescribed in this Decree as prescribed in
Article 52 of the Law on Actions against administrative violations.
Article
30. Identification of entitlement to impose penalties for administrative violations
1. The identification of
entitlement to impose penalties for administrative violations and the
application of remedial measures are according to Article 52 of the Law on
Actions against administrative violations.
2. If an administrative violation
has exhibits including many different types of forest products, including
normal timber and precious timber; forest animals and precious forest animals;
timber and forest animals; then the competent authorities of the corresponding
level shall gather the exhibits and identify the total number of fine.
3. The exhibits of
administrative violations (including forest products group IA, IB) are valuated
to form basis for identifying the fine bracket and the entitlement to impose
penalties as prescribed in Article 60 of the Law on Actions against
administrative violations.
4. With regard to the
administrative violations causing damage to forest in multiple localities, the
local authority who finds violations earliest shall take responsibility for
imposing the penalties.
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IMPLEMENTATION
Article
31. Effect
1. This Decree takes
effect on December 25, 2013
2. This Decree replaces
Decree 99/2009/ND-CP dated November 02, 2009 by the Government on penalties for
administrative violations in forest management, protection and forest
production management.
Article
32. Transitional provision
With regard to
administrative violations against the regulations on forest management,
development, protection and forest production management that are committed
before the this Circular takes effect and discovered afterwards, the
regulations that are more favorable to the offenders shall be applied.
Article
33. Effect
1. The Minister of
Agriculture and Rural development is responsible for providing guidance on the
implementation of this Decree.
2. The Ministers, Heads
of ministerial-level agencies, Heads of Governmental agencies, the President of
the People’s Committee of provinces are responsible for the implementation of
this Decree./.
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ON BEHALF OF THE GOVERNMENT
THE PRIME MINISTER
Nguyen Tan Dung