THE
GOVERNMENT
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|
SOCIALIST
REPUBLIC OF VIETNAM
Independence- Freedom- Happiness
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|
No.
159/2007/ND-CP
|
Hanoi,
October 30, 2007
|
DECREE
ON SANCTIONING ADMINISTRATIVE VIOLATIONS IN THE DOMAIN OF
FOREST MANAGEMENT, FOREST PROTECTION AND FOREST PRODUCT MANAGEMENT
THE GOVERNMENT
Pursuant 10 the December 25,
2001 Law on Organization of the Government;
Pursuant to the Decotnbcr3, 2004 Law on Forest Protection and Development;
Pursuant to July 2,2002 Ordinance No. 44/2002/ PL-VBTVQH10 on the Handling of
Administrative Violations;
At the proposal of the Minister of Agriculture and Rural Development,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.-
Scope of regulation and subjects of application
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This Decree provides for the
sanctioning of administrative violations in the domain of forest management,
forest protection and forest product management in the territory of the
Socialist Republic of Vietnam.
This Decree does not apply to
timber and other forest products lawfully imported into Vietnam (including
lawfully imported timber lots with volume or quantitative differences upon
measurement or counting).
Importing timber in violation of
current state regulations and abusing import dossiers to illegally exploit,
trade, transport or store domestic natural forest timber shall he sanctioned
under the provisions of this Decree.
2. Subjects of application
This Decree provides for
administrative sanctions against domestic and foreign individuals and
organizations (below collectively referred to as violators) for their
intentional or unintentional acts in violation of state regulations on forest
management, forest protection and forest product management, regardless of causing
damage to forests, forest products or forest environment or not, which are not
so severe enough to be examined for penal liability.
In case an international
agreement to which the Socialist Republic of Vietnam is a contracting party
contains different provisions, the provisions of the international treaty will
be applied.
Article 2.-
Terms used in the Decree
1. Forest product is a product
exploited from a forest plant, animal or organism or its parts.
Timber mentioned in this Decree
includes log, sawn timber and square-edged cut timber
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3. Material evidences and means
in administrative violations include:
a/ Material evidences that are
forest products infringed upon by violators.
b/ Means that are articles,
tools and vehicles used by violators for committing acts of administrative
violation.
Vehicles used for illegal
transportation of forest products may include road motor vehicles, motorcycles,
bicycles, rudimentary vehicles and animal carts; vessels, motor boats, rafts,
boats and other crafts used in waterway traffic.
4. Means illegally appropriated
by administrative violators are means of lawful owners which the violators have
stolen, robbed, taken by force, openly appropriated from their lawful owners
who are unable to stop the open appropriation or committed other illegal acts
to deprive lawful owners of the rights to possession, management and use of
these means.
5. Material evidences and means
are regarded as illegally used by violators in one of thxe following cases:
a/The lawful owner of a means
leases or lends it to another person or organization or hires another person to
operate the means for lawful use purposes, but the person who is leased or lent
or hired to operate the means has used it of his/her own choice to illegally
transport forest products.
b/ The lawful owner of a means
or an individual or organization that is lawfully managing a means hired from
another individual or organization assigns the means to his/her/its employee
for management, operation of use for lawful production and business purposes
hot such employees has uses the means of his/her own choice to illegally
transport forest products.
6. Violation in an organized
manner is the case in which two or more persons closely connive with each other
in intentionally committing an act of violation.
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8. Recidivism is the case in
which a person who committed an act of administrative violation in the domain
of forest management, forest protection and forest product management and has
been sanctioned for such act continues committing acts of administrative
violation in this domain when the time limit past of which a person will be
considered having not been administratively sanctioned has not yet expired.
9. In this Decree, a fine of VND
30,000,0000 is the highest level of administrative sanction for an act of
violation in the domain of forest management, forest protection and forest
product management under July 2, 2002 Ordinance No. 44/2002/PL-UBTVQH10 on the
Handling of Administrative Violations of the National Assembly Standing
Committee (below referred to as the Ordinance on the Handling of Administrative
Violations for short). When the 2002 Ordinance on the Handling of
Administrative Violations is amended or the State promulgates new relevant
regulations, the highest fine level will naturally comply with regulations in
force.
Article 3.-
Principles for sanctioning
1. All acts of administrative
violation in the domain of forest management, forest protection and forest
product management must be promptly detected and immediately stopped.
Sanctioning must be carried out in a quick, just and lawful manner; all
consequences caused by acts of administrative violation must be remedied by
violators or their guardians in accordance with law.
Individuals and organizations
may be administratively sanctioned in the domain of forest management, forest
protection and forest protection management only when they commit acts of
administrative violation prescribed in this Decree.
2. Before issuing a decision on
sanctioning an administrative violation, the person with sanctioning competence
shall take into consideration the personal history of the violator, the nature
and severity of the violation as well as extenuating or aggravating
circumstances prescribed in Articles R and 9 of the Ordinance on the Handling
of Administrative Violations so as to decide on the sanctioning form and level
and remedies.
3. For a person committing an
administrative violation involving neither aggravating nor extenuating
circumstances, the imposed fine is the average of the fine bracket prescribed
for the act. If the violation involves an extenuating circumstance(G), the fine
level may be reduced but must not be lower than the minimum level of the fine
bracket; if the violation involves an aggravating circumstance(s), the fine
level may be raised but must not be higher than the maximum level of the fine
bracket prescribed for such act.
4. One act of administrative
violation shall be sanctioned only once.
5. A person that commits many
acts of administrative violation shall be imposed sanctions for each of these
acts, which shall then be aggregated into a general sanction.
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Many members of a household
committing an administrative violation is not regarded as violation in an
organized manner and shall be sanctioned as in the case of single violator.
7. Persons aged between full 14
years and under 16 years are subject to caution for committing administrative
violations in an intentional manner; those aged between full 16 years and under
18 years are subject to administrative sanction for committing any acts of
administrative violation. A fine imposed on them must not exceed half of the
fine level imposed on adults; if they have no money to pay a fine, their
parents or guardians shall pay it on their behalf.
8.The following acts of
violation are subject to penal liability examination but not administrative
sanction;
a/ Acts involving material
evidences that are endangered, precious and rare forest plants and animals of
groups IA and IB on the list of endangered, precious and rare forest plants and
animals prescribed in the Government's Decree No. 32/2006/ND CP of March 30.
2006, on management of endangered, precious and rare forest plants and animals
(except for acts of raising forest animals of group IB prescribed in Clause 4,
Article 20 of this Decree).
b/ Acts causing consequences in
excess of the maximum level subject to administrative sanction defined in
Article 11,12,18 or 19 of this Decree.
c/ Illegally transporting or
trading in timber in excess of the maximum volume subject to administrative
sanction defined at Point d, Clause 1; in Clause 3, Article 21; and Article 22
of this Decree.
d/ Infringing upon more than one
type of forest: special-use forest, protection forest and production forest, or
illegally exploiting, transporting or trading in two or more types of timber,
subject to an aggregate fine exceeding VND 30,000,000, though the area of each
type of forest or the volume of each, type of timber does not yet exceed the
maximum level subject to administrative sanction.
dd/ Recidivism, for acts
specified in Articles 175 and 189 of the 1999 Penal Code.
9. Acts of administrative
violation which cause damage higher than the maximum level subject to
administrative sanction in the domain of forest management, forest protection
and forest product management but are not regarded under the Penal Code as
crimes shall be administratively sanctioned with the highest fine level in the
domain of forest management, forest protection and forest product management.
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a/ Material evidences that are
species in Appendix 1 shall be disposed of like endangered, precious and rare
forest plants and animals of groups IA and IB.
b/ Material evidences mat are
species in Appendix II shall be disposed of like endangered, precious and rare
forest plants and animals of groups IIA and IIB in accordance with this Decree.
11. When a criminal case was
instituted against but then terminated and an administrative sanction is
imposed on the violator, the highest fine will be imposed for his/her act of
violation.
In the above case, material
evidences that are endangered, precious and rare forest plants and animals of
group IA or IB shall be disposed of like endangered, precious and rare forest
plants and animals of groups IIA and 1IB.
Article 4.-
Statute of limitations for sanctioning administrative violations
1. The statute of limitations
for sanctioning administrative violations in the domain of forest management,
forest protection and forest product management is one year counting from the
date acts of administrative violation are committed. Past this period,
violators are not administratively sanctioned but are still forced to take
remedies specified in Article 6 of this Decree.
For acts of illegally storing
forest products, the Statute of limitations for sanctioning is counted from the
time they are detected.
2- For a violator against whom a
criminal case had been instituted, who had been prosecuted, or against whom a
decision to bring his/her criminal case to trial bad been issued according to
criminal procedures if a decision on terminating criminal proceedings was later
issued and the dossier is transferred for administrative sanctioning, the
statute of limitations for sanctioning the administrative violation is three
months, counting from the date the person with sanctioning competence receives
the decision on termination of the criminal case and the dossier of the case of
violation.
Article 5.-
Sanctioning forms
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2. Depending on the nature and
severity of violation, violating individuals or organizations may be subject to
one or more of additional sanctioning forms, such as deprivation of the right to
use a license or practice certificate and confiscation of material evidences
and means used in administrative violations.
3. Foreign violators may be
expelled. Expulsion may be applied as a principal or additional sanctioning
form on a case-by-case basis.
Article 6.-
Remedies
In addition to the sanctioning
forms stipulated in Aiticlc5 of this Decree, violators may also be subject to
one or more of the following remedies:
1. Forced reforestation or
payment of reforestation expenses according to investment ratios applied in
localities at the time of commission of administrative violations.
2. Forced dismantlement of
illegally constructed structures; forced remedy of or payment for expenses for
remedying consequences caused by administrative violations on dug or excavated
areas. Forced payment of expenses for forest fire extinguishment; forced remedy
of or payment of expenses for remedying environmental pollution.
3. Forced payment of expenses
for rescue or destruction of wounded or killed wild animals, expenses for
releasing wild animals into their natural habitats.
4. Forced transportation of
passengers to coach stations or payment of expenses for such transportation, in
case of using vehicles carrying passengers for illegally transporting forest
products.
Article 7.-
Identification of forest and forest product damage
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a/ Square meter (m2)
for forest area.
b/ Cubic meter (m3)
for timber volume converted into log. Sawn timber and square-edged cut timber
are converted into log by multiplying by 1.6.
c/ For stumps, roots and timber
of unusual shape (excluding post-processing scraps) of endangered, precious and
rare species which cannot be measured and calculated in cubic meter, they shall
be determined in weight, with 1,000 kg equivalent to I cubic meter of log; if
they arc not of endangered, precious and rare species, their weight shall be
calculated in the unit stere as fuelwood.
d/ Stere, for fuelwood.
dd/ Vietnamese currency, with
dong as the monetary unit, for other forest products.
2. Methods of damage
identification
a/ Identification of damaged
forest areas on the field.
b/ Identification of the actual
volume of damaged timber or fuelwood according to current regulations.
c/ The value of damaged forest
products or the value of means used in administrative violations shall be
determined according to market prices at the time of occurrence of
administrative violations.
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ACTS OF ADMINISTRATIVE
VIOLATION, SANCTIONING FORMS AND LEVELS
Article 8-
Violations of the State's general regulations on forest protection
Those who commit acts of
violating the Stale's general regulations on forest protection shall be
sanctioned as follows;
1. A fine of between VND 100,000
and VND 1,000,000 shall be imposed for one of the following acts of violation:
a/ Taking pulling animals and
manual tools into forests for illegally hunting birds and animals or exploiting
forest products;
b/ Illegally raising, planting
and releasing alien animal and plant species into national parks or nature
reserves.
c/ Taking inflammables or
explosives into or building fires in forests where smoking and throwing of
discharging of glowing ashes into forests are banned.
2. A fine of between VND
1,000,000 and VND 2,000,000 shall be imposed for one of the following acts of
violation:
a/ Organizing illegal scientific
researches in special-use forests; illegally collecting specimens in forests..
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c/ Advertising illegal trade in
wild forest plants and animals and their parts.
3. Those who commit acts of
violation specified in this Article, causing damage to forests or forest
products, shall be sanctioned under Article 18 or 19 of this Decree.
Article 9.-
Violations of regulations on timber exploitation designs
Those, who violate regulations
on timber exploitation designs shall be sanctioned as follows:
1. A fine of between VND
1.000.000 and VND 3.000.000 shall be imposed on violators in one of the
following cases:
a/ Total volume of timber
actually logged from designed and marked-for-cutting trees in a forest lot is
higher by between more than 15% and 20% than the volume indicated in the
logging design dossiers.
b/ Appending to-he-cut tree
marks on improper trees or on trees in areas in violation of logging designs.
2. A fine of between VND
4,000,000 and VND 10,000,000 shalI be imposed on violators committing the
following acts of violation:
a/ Conducting field designing in
wrong locations compared with those already identified on the map or with wrong
logging areas of more than 15%.
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Article
10.- Violations of regulations on timber logging
These violations are acts of
logging timber not according to the designed order, procedures and technical
requirements.
Violators of regulations on timber
logging shall be sanctioned as follows:
1. A fine of between VND
2,000,000 and VND 3,000,000 shall be imposed on those who commit one of the
following acts of violation:
a/ Failing to carry out
procedures for delivering and receiving logging dossiers and sites according to
current regulations of the State.
b/ Failing to clear up creepers
before logging; fairing to clean forests after logging, failing to mend stumps
of cut trees capable of regenerating shoots, leaving stumps higher than the
level prescribed for natural forests according to the selective logging method.
2. A fine of between VND
4,000,000 and VND 6,000,000 shall be imposed on those who commit one of the
following acts:
a/ Failing to cut all twisted
and diseased trees already marked for cutting.
b/ Opening paths and creating
timber yards at wrong locations compared with the design. In case of causing
damage to forests or forest products, this act shall be sanctioned under
Article 18 of this Decree.
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Article
11.- Violations related to deforestation for farming purposes
Those who commit acts of illegal
deforestation for farming purposes shall be sanctioned as follows:
1. For production forests:
a/ A fine of between VND 1,000/m2
and VND 2,000/m2, if causing damage to up to 7,000 m2.
W A fine of between VND 1,500/m2
and VND 2,500/m2, if causing damage to between more than 7,000 m2
and 15,000 m2.
2. For protection forests:
a/ A fine of between VND 1,400/m2
and VND 3,000/m2, if causing damage to up to 5,000 m2.
b/ A fine of between VND 2,0007m2
and VND 4,000/m2, if causing damage to between more than 5,000 m2
and 10,000 m2.
3. For special-use forests:
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b/ A fine of between VND 3,000/m2
and VND 5,000/m2, if causing damage to between more than 3,500 m2
and 7,500 m2
4. Confiscation of material
evidences and means used in administrative violations specified in this
Article.
5. Those who commit acts of
violation specified in this Article shall also be forced to conduct
reforestation or pay expenses for reforestation.
Article
12.- Violations of regulations on forest fire prevention and righting
Those who violate regulations on
forest fire prevention and fighting shall be sanctioned as follows:
1. A fine of between VND 200,000
and VND 2,000,000 shall be imposed for one of the following acts:
a/ Lighting or using a fire in
violation of state regulations in strictly protected protection forest zones or
extremely important protection forests.
b/ Lighting or using a fire in
forests prone to fire or on dry vegetational cover during the dry season.
c/ Lighting or using a fire near
timber warehouses or yards with a forest fire forecast grade from III to V.
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dd/ Illegally practicing
slash-and-burn cultivation in or at the edge of a forest.
e/ Failing to ensure safety for
forest fire prevention and fighting purposes when permitted to use fire or heat
sources, fire- or heat-generating equipment and tools or when preserving and
using inflammables in or at the edge of a forest.
g/ Other acts directly causing
risks of forest fire.
2. A fine of between VND
2,000,000 and VND 5,000,000 shall be imposed on forest owners who commit one of
the following acts of violation:
a/ Foiling to make fire
prevention and fighting plans and arrange fire prevention and fighting
facilities for consolidated forests.
b/ Draining water reserved for
fire prevention and fighting during the dry season.
c/ Failing to organize forest
patrols and guards to prevent natural forests from catching fire during the dry
season.
3. A fine of between VND 2,0007m2
and VND 4,000/m2, if causing a fire to production forests that are
natural forests of up to 10,000 m2.
4. A fine of between VND 3,000/m2
and VND 5,000/m2, if causing a fire to protection forests of up to
7,500 m2.
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6. For forest plantations
a/ Forest plantations that are
production forests;
- A fine of between VND 50Wm2
and VND 1,000/ m2, if causing damage to up to 40,000 m2
with planted trees aged up to 3 years;
-A fine of between VND 800/m2
and VND 1,200/ m2, if causing damage to up to 30,000 m2
of forest plantations aged between more than 3 years and 7 years;
- A fine of between VND 1,000/m2
and VND 2.000/m2, if causing damage to up to 20,000 m2 of
forest plantations aged more than 7 years.
b/ Forest plantations that are
protection forests:
- A fine of between VND 800/m2
and VND 1,200/m2, if causing damage to up to 30,000m- with planted
trees aged up to 3 years;
- A fine of between VND 1,000/m2
and VND 2000/m2, if causing damage to up to 20,000 m2 of
forest plantations aged between more than 3 years and 7 years;
- A fine of between VND 2,000/m2
and VND 4,0007m2, if causing damage to up to 10,000 m2 of
forest plantations aged more than 7 years.
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- A fine of between VND 1,000/m2
and VND 2,000/m2, if causing damage to up to 20,000 m2
with planted trees aged up to 3 years;
- A fine of between VND 1,600/m2
and VND 3,400/m2, if causing damage to up to 12,000 m2 of
forest plantations aged between more than 3 years and 7 years;
- A fine of between VND 5,000/m2
and VND 7,000/m2, if causing damage to up to 5,000 m2 of
forest plantations aged more than 7 years.
7. Those who commit acts of
violations specified in this Article shall be also forced to take either of the
following remedies:
a/ Reforesting or paying
expenses for reforestation.
b/ Paying forest fire
extinguishment expenses.
Article
13.- Grazing of cattle in forests in which cattle grazing is banned
Those who graze cattle in
forests in which cattle grazing is banned shall be sanctioned as follows:
1. Caution or a fine of between
VND 5,000 and VND 100,000 shall be sanctioned following acts:
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b/ Grazing cattle in forest
plantations of saplings or trees aged under 3 years or in forests zoned off for
regeneration in which cattle grazing is banned (except for the case specified
in Clause 2 of this Article).
2. A fine of between VND
4,ooo/tree and VND 6,000/tree shall be imposed if cattle have caused damage to
more than 25 planted saplings or trees aged under 3 years, but not exceeding
VND 30,000,000.
3. Those who commit acts of
violation specified in this Article may be also forced to reforest or pay
expenses for reforestation.
Article
14.- Violations of regulations on forest pest prevention and control
1. Caution or a Fine of between
VND 5,000 and VND 500,000 shall be imposed on forest owners who fail to take
one of forest pest prevention and control measures prescribed by the law on
plant protection.
2. A fine of between VND
1,000,000 and VND 2,000,000 shall be imposed for using forest pesticides not
permitted for use in Vietnam or failing to observe quarantine regulations.
3. A fine of between more than
VND 2,000,000 and VND 10,000.000 shall be imposed on forest owners with forests
hit by an epidemic in 3 or more hectares due to their failure to promptly
report to plant protection and quarantine agencies or animal quarantine
agencies for pest control and disease treatment instructions and support.
4. Confiscation of illegally
used plant protection drugs.
5. Those who commit acts of violation
specified in this Article are also forced to remedy consequences or pay
expenses for remedying consequences caused by pests or diseases.
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Illegally encroachment or
occupation of forests is acts of displacing boundary marks to illegally occupy
forest areas of other individuals or organizations.
Those who commit acts of
illegally encroaching or occupying forests shall be sanctioned as follows:
1. A fine of between VND 1,200/m2
and VND 1,800/m2 for illegally encroaching or occupying up to 5,000
m2 of special-use forest or important protection forest, or up to
7,500 m2 of reduction forest.
2. A fine of between VND 2,000/m2
and VND 4,00o/m2 for illegally encroaching or occupying more than
5,000 m2 of extremely important protection forest or special-use
forest, or more than 7,500 m2 of production forest
3. Those who commit acts of
violation specified in Clause 1 or 2 of this Article will, apart from paying a
fine, have the illegally encroached or occupied forest area recovered.
Illegally encroaching or
occupying and destroying a forest shall be sanctioned under Article 18 of this
Decree; illegally encroaching or occupying and exploiting forests shall be
sanctioned under Article 19 of this Decree.
4. Those who commit acts of
violation specified in this Article shall also be forced to dismantle or pay
expenses for dismantling structures illegally constructed on illegally
encroached or occupied forest areas.
Article
16.- Destruction of facilities used for forest protection and development
Destruction of facilities used
for forest protection and development is acts causing damage to facilities used
tor protection and development (such as fire watch houses or towers,
signboards, forest protection rules boards, water tanks and reservoirs used for
forest fire extinguishment, all types of tools and equipment used for forest
protection and development), altering the state of these facilities or
rendering them out of order.
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1. A fine of between VND 200,000
and VND 500,000 shall be imposed for acts of: scrawling or drawing on
signboards or forest protection rules boards; deleting information arid images
on these boards.
2. A fine of between VND 500,000
and VND 2,000,000 shall be imposed for acts of: draining water reserved for
forest fire extinguishment, displacing forest protection signboards.
3. A fine of between VND
2,000,000 and VND 5,000,000 shall be imposed for acts of: destroying roads in
forests, obstructing forest protection patrols and pursuit of illegal loggers,
destroying firebreaks.
4. A fine of between VND
5,000,000 and VND 10,000,000 shall be imposed for acts of: destroying forest
protection rules boards, destroying watch towers, working houses, property and
other equipment used in forest protection patrol.
5. Violators shall also be
forced to pay expenses for remedying consequences caused by their acts of
violation.
If causing consequences which
are serious enough for penal liability examination, dossiers shall he
transferred to investigative agencies for handling in accordance with the Penal
Code.
Article
17.- Illegal exploitation of landscape, environment and forestry services
Illegally exploitation of
landscape, environment and forestry services is acts of using forest landscape
and environment and forestry services for producing, providing services and
conducting business or building graveyards without permission of competent state
agencies or not in accordance with granted licenses.
Those who commit acts of
illegally exploiting landscape and environment and forestry services shall be
sanctioned as follows:
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2. A fine of between VND 500,000
and VND 2,000,000 shall be imposed on persons illegally organizing sightseeing
spots.
3. A fine of between VND
2.000,000 and VND 3,000.000 shall be imposed on persons illegally building establishments
producing and raising aquatic resources, cattle or poultry.
4. Violators shall also be
forced to restore the original state or pay expenses for remedying consequences
caused by their acts of violation.
Article
18.- Illegal deforestation
Illegal deforestation is acts of
culling forest trees (not governed in Article 11 of this Decree), intentionally
burning forest trees (not governed in Article 12 of this Decree), excavating,
leveling, exploding mines, digging and building tidal water banks, discharging
toxics and other acts that cause damage to forests for whatever purposes
without permission of competent state agencies or not in accordance with
granted permits.
Those who commit acts of illegal
deforestation shall be sanctioned as follows:
1. For production forests that
are natural forests:
a/ A fine of between VND 1,000/m2
and VND 3,0007m2. if causing damage to up to 2,500 m2.
b/ A fine of between VND 2,000/m2
and VND 4,O0Cvm2. if causing damage to between more than 2.500 m2
and 5.000 m2.
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2. For protection forests that
are natural forests;
a/ A fine of between VND 2,000/m2
and VND 4,000/m2. if causing damage to up to 2,000 m2.
b/ A fine of between VND 3,000/m2
and VND 5,000/m2. if causing damage to between more than 2,000 m2
and 4,000 m2.
c/ A fine of between VND 4,000/m2
and VND 6,000/m2, if causing damage to between more than 4,000 m2
and 6,000 nr.
3. For special-use forests that are
natural forests; submerged forests, seed forests, experimental research
forests:
a/ A fine of between VND 3,000/m2
and VND 5,000/m2. if causing damage to up to 1,500 m2.
b/A fine of between VND 4,000/m2
and VND 6,000/m2, if causing damage to between more than 1,500 m2
and 2.500 m2.
d A fine of between VND 5,000/m2
and VND 10,000/m2, if causing damage to between more than 2,500 m2
and 4,000 m2.
4. For forest plantations:
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- A fine of between VND 500/m2
and VND 1,100/ m2, if causing damage to up to 37,500 m2
with planted trees aged up to 3 years;
- A fine of between VND 900/m2
and VND 1,500/m?, if causing damage to up to 25,000 m2 of
forest plantations aged between more than 3 years to 7 years;
- A fine of between VND 1,000/m2
and VND 2,200/m2, if causing damage to up to 18,750 m2 of
forest plantations aged more than 7 years.
b/ Protection forests dial are
forest plantations:
-A fine of between VND 900/m2:and
VND 1,500/m2, if causing damage to up to 25,000 m2 with
planted trees aged up to 3 years;
-A fine of between VND 1,000/m2
and VND2,200/m2, if causing damage to up to 18,750 m2 of
forest plantations aged between more than 3 years to 7 years;
- A fine of between VND 3,000/m2
and VND 4,500/m2, if causing damage to up to 8.000m2 of
forest plantations aged more than 7 years.
c/ Forest plantation that are
special-use forests:
- A fine of between VND 1,000/m2
and VND 2,2007m2, if causing damage to up to 18,750 m2
with planted trees aged up to 3 years;
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- A fine of between VND 5,000/m2
and VND 10,000/m2, if causing damage up to4,U00 m2 of
forest plantations aged more than 7 years.
5. These who commit acts of
clearing scenes of violation, soil preparation, cultivation or production in
forest areas which have been recently deforested shall be fined up to VND
5,000,000, if they are hired employees, they shall be fined up to VND
2,000,000; those who commit acts of collecting forest products on deforested
areas shall be sanctioned under Article 19 of this Decree.
6 Those who commit acts of
violation specified In this Article are also subject to confiscation of forest
products, reforestation or payment of reforestation expenses.
7. Forest owners who are
allocated by the State natural forests or forest plantations and state budget
or non-refundable funds for managing, protecting and using these forests for
silviculture purposes, shall also be sanctioned under this Article if their
forests are destroyed due to their irresponsibility.
Article
19.- Illegal exploitation of forests
Illegally exploitation of
forests is individuals' and organizations' acts of collecting forest products
in forests without permission of competent state agencies (if such exploitation
is subjected by law to licensing) or not in accordance with granted licenses.
Those who illegally exploit
forests shall be sanctioned as follows:
1. Illegally exploiting
production forests
a/ For timber not of endangered,
precious and rare species of groups IV to VIII:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- A fine of between VND
700,000/m3 and VND 1,000,0007m3, if illegally logging
timber of between more than 6 m3 and 15 m3;
- A fine of between VND
1,000,000/m3 and VND 2,000,000/m3, if illegally logging
timber of between more than 15 m3 and 20 m3
b/ For timber not of endangered,
precious and rare species of groups I to III:
- A fine of between VND
700,000/m3, and VND 1,000,000/m3, if illegally logging
timber of up to 4m3
- A fine of between VND
1,000.000/m3 and VND 1,500,000/m3 if illegally logging
timber of between more than 4 m3 and 10 m3;
- A fine of between VND
1,_500,000/m3 and VND 2,500,000/m3, if illegally logging
timber of between more than 10 m3 and 15 m3.
c/ For timber of endangered,
precious and rare species of group IIA:
- A fine of between VND
1,500,000/m3 and VND 2,000,000/m3 if illegally logging
timber of up to 3 m3;
- A fine of between VND
2,000,000/m3 and VND 2,500,0007m3. if illegally logging
limber of between more than 3 m3 and 6 m3;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d/ For fuelwood:
- A fine of between VND
100,000/stere and VND 200,000/stere, if illegally logging fuelwood of up to 20
steres;
- A fine of between VND
200,000/stere and VND 500,000/stere, if illegally logging fuelwood of between
more than 20 steres and 30 steres;
- A fine of between VND
500,000/stere and VND 700.000/stere, if illegally logging fuelwood of between
more than 30 steres and 50 stores.
dd/ For forest plants and their
parts other than timber and fuelwood
- A fine of between 0.8 time and
1.2 limes the value of illegally exploited forest products, if such forest
products are not of endangered, precious and rare species and ore valued up to
VND 30,000,000;
- A fine of between 1.2 times
and 1.8 times the value of illegally exploited forest products, if such forest
products are of endangered, precious and rare species of group IIA and are
valued up to VND 20,000,000.
2. Illegally exploiting
protection forests:
a/ For umber not of endangered,
precious and rare species of groups IV to VIII:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- A fine of between VND
1,000,000/m3 and VND 1,500,000/m3, if illegally logging
timber of between more than 3 m3 and 10 m3;
- A fine of between VND
1,500,000/m3 and VND 2.500,000/m3, if illegally logging
timber of between more than 10 m3 and 15 m3;
b/ For timber not of endangered,
precious and rare species of groups 1 to 111:
- A fine of between VND
1,000,000/m3 and VND 1,500,000/m3, if illegally logging
timber of up to 3 m3;
- A fine of between VND
1,500,000/m3 and VND 2.000,000/m3, if illegally logging
timber of between more than 3 m3 and 7 m3;
- A fine of between VND
2,000,000/m3 and VND 4,000,000/m3, if illegally logging
timber of between more than 7 m3 and 10 m3
c/ For timber of endangered,
precious and rare species of group HA:
- A fine of between VND
2,000,000/m3 to VND 3,000,000/m3, if illegally logging
timber of up to 2 m3;
- A fine of between VND
3,000,000/m3 and VND 3,500,000/m3, if illegally logging
timber of between more than 2 m3 and 4 m3;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d/ For fuelwood:
- A fine of between VND
200,000/stere and VND 300,000/stere, if illegally logging fuelwood of up to 15
steres;
- A fine of between VND
300,000/stere and VND 500,000/stere, if illegally logging fuelwood of between
more than 15 steres and 25 steres:
- A fine of between VND 500,000.stere
and VND 1,000,000/stere, if illegally logging fuelwood of between more than 25
steres and 40 steres:
dd/ For forest plants and their
parts other than timber and fuelwood:
- A fine of between 1 time and
1.4 time the value of illegally exploited forest products, if such forest
products are not of endangered, precious and rare species and arc valued up to
VND 25,000,000;
- A fine of between 1.5 times
and 2.5 times the value of illegally exploited forest products, it such forest
products are of endangered, precious and rare species of group IIA and are
valued up to VND 15,000,000.
3. Illegally exploiting
special-use forests:
a/ for timber not of endangered,
precious and rare species of groups IV to VIII:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- A fine of between VND
1,500,000/m5 and VND 2,000,000/m3, if illegally logging
timber of between more than 3 m3 and 7 m3;
- A fine of between VND
2,000,000/m3 and VND 4,000,000/m3, if illegally logging
timber of between more than 7 m3 and 10 m3;
b/ For timber not of endangered,
precious and rare species of groups I to III:
- A fine of between VND
2,000,000/m3 and VND 3,000,000/m3, if illegally logging
timber of up to 2 m3;
- A fine of between VND 3,000,000/m3
and VND 3.500.000rm3. if illegally logging umber of between more
than 2 m3 and 4 m3;
- A fine of between VND
3,500,000/m3 and VND 4,500,000/m3 if illegally logging
timber of between more man 4 m3 and 7.5 m3.
c/ For timber of endangered, precious
and rare species of group IIA:
- A fine of between VND
3,000,000/m3 to VND 4,000.000/m3, if illegally logging
timber of up to 1.5 m3;
- A fine of between VND
4,000,000/m3 and VND 5.000,000/m3, if illegally logging
timber of between more than 15 m3 and 3 m3;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d/ For fuelwood:
- A fine of between VND
300,000/stere and VND 400,000/stere, if illegally logging fuel wood of up to 10
steres;
- A fine of between VND
400,000/stere and VND 800,000/stere, if illegally logging fuelwood of between
more than 10 steres and 20 steres;
- A fine of between VND
800,000/stere and VND 1,200,000/stere. if illegally logging fuelwood of between
more than 20 steres and 30 steres.
dd/ For forest plants and their
parts other than timber and fuelwood:
- A fine of between 1.2 times
and 1.8 times the value of illegally exploited forest products, if such forest
products are not of endangered, precious and rare species and are valued up to
VND 20,000,000;
- A fine of between 2 times and
4 times the value of illegally exploited forest products, if such forest
products are of endangered, precious and rate species of group IIA and are
valued up to VND 10,000,000.
4. In case of illegally logging
young forest trees which cannot be measured in weight, the logged forest area
shall be measured as the basis for fining under Article 18 of this Decree; if
logging is scattered, making it impossible to measure the logged area, it shall
be fire under Clause 2, Article 13 of this Decree.
5. In case of illegally logging
planted trees in scattered areas or planted trees within an area which are
ineligible for classification as timber, it shall be fined under Point d,
Clause 1 of this Article.
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7. Those who commit acts of
violation specified in this Article are also subject to one of the following
additional sanctioning forms:
a/ Confiscation of material
evidences and means used in administrative violations.
b/ Deprivation of the right to use
logging permits.
8. Those who commit acts of
violation specified in this Article shall also be forced to replant or pay
expenses for replanting exploited forests.
9. Forest owners who are
allocated by the State natural forests or forest plantations and state budget
or non-refundable funds for managing, protecting and using these forests for
silviculture purposes shall also be sanctioned under this Article if their
forests are illegally exploited due to their irresponsibility.
Article
20.- Violations of regulations on forest animal management and protection
These violations are acts of
hunting, shooting, catching; raising, slaughtering forest animals without
permission of competent state agencies or not in accordance with the provisions
of granted permits.
Those who violate regulations on
forest animal management and protection shall be sanctioned as follows:
1. Caution or a fine of between
VND 5,000 and VND 100,000 shall be imposed for one of the following acts:
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b/ Using banned hunting and
catching methods and tools.
c/ Hunting and catching forest
animals in no-hunting places.
2. For forest animals not of
endangered, precious and rare species:
a/ A fine of between 1 time and
1.5 times the value of material evidences that are forest animals or their
parts valued at up to VND 2,000,000.
b/ A fine of between 1.6 times
and 2 times the value of material evidences that are forest animals or their
parts valued at between more than VND 2,000.000 and VND 5.000,000.
c/ A fine of between 2.1 times
and 2.5 times the value of material evidences that are forest animals or their
parts valued at more than VND 5,000,000. The maximum fine must not exceed VND
30,000,000.
3. For forest animals of
endangered, precious and rare species of group IIB:
a/ A fine of between 1.6 times
and 2 times the value of material evidences that are forest animals or their
parts valued at up to VND 1,000,000.
b/ A fine of between 2.1 times
and 2.5 times the value of material evidences that ate forest animals or their
parts valued at between more than VND 1,000.000 and VND 2.000.000.
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4. A fine of between I time and
2 times the value of raised animals shall be imposed on persons who illegally
raise forest animals of endangered, precious and rare species of group IB. The
maximum fine must not exceed VND 30,000,000.
5. Those who commit acts of
violation specified in this Article may, in addition to payment of a fine and
confiscation of material evidences and means used in administrative violations,
also be subject to deprivation of hunting gun use permits or certificates of
registration of raising breeding animals for 1 year, or of restaurant, hotel,
fine art or souvenir shop operation licenses for 2 years.
6. Those who commit acts of
violation specified in this Article shall also be forced to pay expenses for
remedying environmental pollution caused by their administrative violations.
Article 21-
Illegal transportation of forest products
Illegal transportation of forest
products is acts of vehicle operators, vehicle owners or forest product owners
using vehicles or labor in transporting forest products without lawful papers
or with lawful papers which are inconsistent with transported forest products:
Those who commit acts of
illegally transporting forest products shall be sanctioned as follows:
1. For vehicle operators:
a/ Caution or a fine of between
VND 5,000 and VND 500,000 shall be imposed on those who personally carry forest
products illegally (without using any vehicle), or use rudimentary vehicles,
bicycles or pulling animals for transporting forest products illegally.
b/ A fine of between VND 500,000
and VND 2,500,000 shall be imposed on those who operate motorcycles, mopeds or
pedicabs for transporting forest products illegally.
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- For forest animals not of
endangered, precious and rare species:
+A fine of between 0.5 time and 0.7
time the value of material evidences that are forest animals or their parts
valued at up to VND 2,000,000.
+A fine of between 0.8 time and
1 time the value of material evidences that are forest animals or their parts
valued at between more than VND 2,000,000 and VND 5,000,000.
+A fine of between 1 time and
1.2 times the value of material evidences that are forest animals or their
parts valued at more than VND 5,000,000. The maximum fine must not exceed VND
30,000,000.
- For forest animals of
endangered, precious and rare species of group IIB:
+ A fine of between 0.8 time and
1 time the value of material evidences that are forest animals or their parts
valued at up to VND 1,000,000.
+ A fine of between 1 time and
1.2 times the value of material evidences that are forest animals or their
parts valued at between more than VND 1,000,000 and VND 2,000,000.
+ A fine of between 1.3 times
and 1.5 times the value of material evidences that are forest animals or their
parts valued at more than VND 2,000.000. The maximum fine must not exceed VND
30,000,000.
- For timber not of endangered,
precious and rare species of groups IV to VIII:
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+ A fine of between VND
350,000/m3 and VND 550,000/m3 if involving between more
than 6 m3 and 15 m3;
+ A fine of between VND
500,000/m3 and VND 1,000,000m3, if involving more than 15
m3. The maximum fine must not exceed VND 30,000,000.
- For timber not of endangered,
precious and rare species of groups I to III:
+ A fine of between VND
300,000/m3 and VND 500,000/m3, if involving up to 4 m3;
+ A fine of between VND
500,000/m3 and VND 700,000/m3, if involving between more
than 4 m3 and 10 m3;
+ A fine of between VND
700,000/m3 and VND 1,300,000/m3 it involving more than 10
m3 the maximum fine must not exceed VND 30,000.000.
- For limber of endangered,
precious and rare species of group IIA:
+ A fine of between VND
700.000/m3 to VND 1,000,000/m3 if involving up to 3 m3;
+A fine of between VND
1,000,000/3 and VND 1,400.000/m3 if involving between
more than 3 m3 and 6 m3;
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- For non-timber forest plants and
their parts of endangered, precious and rare species of group IIA, a fine of
between 1 time and 2 times the value of material evidences shall be imposed.
The maximum fine must not exceed VND 30.000,000.
d/ Operators of vehicles
illegally transporting forest products who are also owners of these forest
products or who are unable to prove that these forest products are not their
own shall be sanctioned under Point a, b or c of this Clause, and Clause 3 of
this Article.
2. For vehicle owners
Vehicle owners shall be
sanctioned under Clause I of this Article (except owners of vehicles which are
appropriated or illegally used).
3. For owners of forest
products:
a/ Owners of forest products
which are transported without papers proving their lawfulness shall be sanctioned
as follows:
- For forest animals and their
parts not of endangered, precious and rare species, their owners shall be
sanctioned under Clause 2. Article 20 of this Decree;
- For forest animals and their
parts of endangered, precious and rare species of group IIB, their owners shall
be sanctioned under Clause 3, Article 20 of this Article;
- For timber not of endangered,
precious and rare species of groups IV to VIII, their owners shall be
sanctioned under Clause 1, Article 22 of this Article.
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- For timber of endangered,
precious and rare species of group HA, their owners shall be sanctioned under
Clause 3, Article 22 of this Article;
- For non-timber forest plants
and their parts of endangered, precious and rare species of group HA, their
owners shall be imposed a fine of between 1.5 times and 2.5 times the value of
material evidences; the maximum fine must not exceed VND 30,000,000.
b/ In case of transporting
timber with valid papers proving its lawful origin but with a volume exceeding
the allowable error limit, a fine shall be imposed on the portion in excess of
the allowable error limit under Clause 1 of this Article.
c/ Owners who transport their
forest products of lawful origin but fail to observe the State's current
regulations on the management order and procedures shall be sanctioned under
Article 23 of this Decree.
4. Those who commit acts
of violation specified in Clauses 1,2 and 3 of this Article may also face one
of the following additional sanctioning forms:
a/ Deprivation of the right to
use permit, CITES certificate and special transportation permit; deprivation of
the right to use driving license for six months.
b/ Confiscation of material
evidences, for acts of violation specified in Clause 1, and at Points a and b,
Clause 3 of this Article.
c/ Confiscation of vehicles
illegally deporting forest products (except those which are appropriated or
illegally used) in one of the following cases:
- Violation in an organized
manner;
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- Violators resisting officials
on duty;
- Using vehicles with double
compartment, double bottom or double roof, vehicles without registration papers
granted by competent state agencies, displaying forged number plates or
vehicles transformed from small cars for illegally transporting forest
products.
- Consequences of acts of
violation shall be calculated in volume or the value of forest products in cash
as follows:
+ For timber not of endangered,
precious and rare species of groups IV to VIII, from 15 m3 or more;
of groups I lo III, from 1 m3 or more;
+ For timber of endangered,
precious and rare species of group IIA, from 0.5 m3 or more; of
group IA (applicable to cases in which criminal cases have been instituted but
dossiers are then returned for administrative sanction), from 0.3 m3
or more;
+ For forest plants and their
parts (non umber) of endangered, precious and rare species of groups IIA,
valued at VND 15.000,000 or more; of group IA, at VND 10,000,000 or more;
+ For forest animals not of
endangered precious and rare species or their parts, valued at VND 2,000,000 or
more; of endangered, precious and rare species of group IIB or their parts, at
VND 1,500,000 or more; of endangered, precious and rare species of group IB or
their parts (applicable to cases in which criminal cases have been instituted
but dossiers are then transferred for administrative sanction), at VND 1,000,000
or more;
5. Those who commit acts
of violation specified in this Article may also face one of the following
remedies:
a/ Forced payment of expenses
for rescue or destruction of wild animals which arc wounded or killed, or
expenses for releasing wild animals into their natural habitats.
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Article
22.- Illegal purchase, sale, concealment, processing and trading of forest
products
Acts of illegal purchase, sale,
concealment, processing and trading of forest products are these acts performed
without lawful papers or not in accordance with contents of their lawful papers
or without permits in cases in which permits are required by law.
Those who commit acts of illegal
purchase, sale, concealment, processing and trading of forest products shall be
sanctioned as follows:
1. For acts of purchase, sale,
concealment, processing and trading of timber not of endangered, precious and
rare species of groups IV to VIII:
a/ A fine of between VND
500,000/m3 and VND 700,0007m3, if involving up to 6 m3
b/ A fine of between VND
700,000/m3 and VND 1,000,000/m3, if involving between
more than 6 m3 and 15 m3;
c/ A fine of between VND
1,000,000/m3 and VND 2,000,000/m3, if involving between
more than 15 m3 and 20 m3.
2. For acts of purchase, sale,
concealment, processing and trading of timber not of endangered, precious and
rare species of groups I to III:
a/ A fine of between VND
700.000/m3 and VND 1,000,000/m3, if involving up to 4 m3;
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c/ A fine of between VND
1,500.000/m3 and VND 2,500,000/m3, if involving between
more than 10 m3 and 15 m3
3. For acts of purchase, sale,
concealment, processing and trading of timber of endangered, precious and rare
species of group IIA:
a/ A fine of between VND
1,500,0Wm3 and VND 2,000,000/m3, if involving up to 3 m3;
b/A fine of between
VND2,000,000/m3 and VND 2.500,000/m3, if involving
between more than 3 m3 and 6 m3;
c/ A fine of between
VND2,500,000/m3 and VND 3,500,000/m3, if involving
between more than 6 m3 and 10 m3
4. For acts of purchase, sale,
concealment, processing and trading of forest products and their pans,
sanctions shall be imposed under Article 20 of this Decree.
5. In addition to paying a fine,
violators under this Article will also have forest products confiscated.
Article 23.
Violations of administrative procedures in purchase, sale, transportation,
processing, trading and storage of forest products
1. A fine of between VND 500,000
and VND 2,000,000 shall be imposed on owners of forest product processing,
trading, purchase and sale establishments who fail to make entries in the
forest product storage and delivery register.
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A fine of between VND 30,000/m3
and VND 50,000/m3, but not exceeding VND 5,000,000, shall be imposed on owners
who transport, purchase, sell or store forest plantation and garden timber of
lawful origin but fail to observe the State's current regulations on the
management order and procedures.
3. A fine of between 0.1 time
and 0.2 time the value of forest products, but not exceeding VND 5,000,000,
shall be imposed on owners who process, trade in, transport, purchase or sell
forest products and their parts (non-timber) of endangered, precious and rare
species of group DA; forest animals and their parts, which are raised, of
lawful origin but fail to observe the State's current regulations on the
management order and procedures.
Chapter
III
COMPETENCE TO SANCTION
ADMINISTRATIVE VIOLATIONS
Article
24.- Competence of forest protection officers to sanction administrative
violations
1. Forest protection officers on
duty have the competence to issue cautions or impose fines of up to VND
100.000.
2. Heads of forest protection
stations have the competence to issue cautions or impose fines of up to VND
2,000,000; confiscate material evidences and means used in administrative
violations which are valued at up to VND 10,000,000.
3. Heads of district-level
forest protection sections, special-use forest protection sections and
protection-forest protection sections and leaders of mobile forest protection
and forest fire prevention and fighting teams have the competence to issue
cautions or impose fines of up to VND 10,000,000; confiscate material evidences
and means used in administrative violations which are valued at up to VND
20,000,000; and apply remedies specified in Clauses 2 and 5, Article 6 of this
Decree.
4. Directors of provincial-level
forest protection departments and leaders of task-force forest protection teams
have the competence to issue cautions or impose fines of up to VND 20,000,000;
deprive the right to use permits specified at Point b. Clause 7, Article 19; in
Clause 5, Article 20; at Point a, Clause 4, Article 21 of this Decree;
confiscate material evidences and means used In administrative violations; and
apply remedies specified in Article 6 of this Decree.
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Article 25.
Competence of presidents of People's Committees at all levels to sanction
administrative violations
1. Commune-level People's
Committee presidents have the competence to issue cautions or impose fines of
up to VND 500,000; confiscate material evidences and means used in
administrative violations which are valued at up to VND 500,000; and apply
remedies specified in Clause 2, Article 6 of this Decree.
2. District-level People's
Committee presidents have the competence to issue cautions or impose fines of
up to VND 20,000,000; deprive of the right to use permits specified at Point b,
Clause 7, Article 19; in Clause 5, Article 20; at Point a, Clause 4, Article 21
of this Decree; confiscate material evidences and means used in administrative
violations; and apply remedies specified in Article 6 of this Decree.
3. Provincial-level People's
Committee presidents have the competence to issue cautions or impose fines of
up to VND 30,000,000; deprive of the right to use permits specified at Point b.
Clause 7, Article 19; in Clause 5, Article 20; at Point a. Clause A, Article 21
of this Decree; confiscate material evidences and means used in administrative
violations; and apply remedies.
4. Local forest protection
agencies at all levels shall give advice to People’s Committees of the same
level on sanctioning administrative violations according to their competence
specified in this Article.
Article
26.- Authorization of the competence to sanction administrative violations
1. When a person with administrative
violation-sanctioning competence specified in Clause 3,4 or 5, Article 24, or
Article 25 of this Decree is absent, he/she may authorize his/her deputy. The
authorized person shall exercise the competence of his/her head and take
responsibility before law for his/her sanctioning of administrative violations.
2. Authorization must be made in
writing either on a case-by-case basis or for a specified period of time.
Article
27.~ Determination of the competence to sanction administrative violations
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2. The competence to impose
fines shall be determined based on the maximum level of the fine bracket
prescribed for each act of administrative violation.
3. In case of sanctioning a
person who commits more than one act of administrative violation, the
competence to sanction this person is determined on the following principle:
a/ If the sanctioning forms and
levels for each of these acts of violation fall within the sanctioning
competence of a title holder, the competence to sanction these acts rests with
this title holder.
b/ If the sanctioning form and
level for one of these acts of violation fall beyond the sanctioning competence
of the sanctioning person, this person shall transfer the dossier of the
violation case to the level with sanctioning competence.
c/ If these acts of violation
fall within the sanctioning competence of persons in different branches the
competence to sanction these acts rests with the competent People's Committee
of the place where the violation takes place.
4. Functional agencies, such as
police, border guard, customs, tax. market control and inspection, shall
closely coordinate with forest protection agencies in examining, inspecting and
stopping acts of administrative violation in the domain of forest management,
forest protection and forest product management. When detecting any act of
administrative violation, a written record thereof must be made according to
regulations, and within 5 days from the date of making of such written record,
the relevant dossier, material evidences and means used in the administrative
violation must be transferred to the forest protection agency of the same,
level for sanctioning. If the case of violation does not fall within its
sanctioning competence, the forest protection agency shall, upon receiving its
dossier, transfer the dossier to the authority with sanctioning competence
defined in Articles 24 and 25 of this Decree. In provinces and districts
without a forest protection agency, cases of violation arrested by functional
agencies shall be transferred to the offices of provincial-level or
district-level People's Committees to advise the presidents of these
provincial-level or district-level People's Committees on sanctioning these
cases according to their competence. The violation-handling agency shall pay
reasonable expenses arising in the course of arrest and preservation of
material evidences to the dossier-transferring agency.
Article
28.- Settlement of cases falling beyond the competence to sanction
administrative violations
1. When a fine to be imposed in
a case of violation or the value of material evidences and means in a case of
violation falls beyond the sanctioning competence of his/her level, the person
who has received the dossier of the case shall transfer the whole dossier to a
competent authority for sanctioning within the time limit specified in Article
37 of this Decree. The dossier of a case of violation shall be transferred as
follows:
a/ If the case of violation
falls beyond the sanctioning competence of a forest protection officer, its
dossier shall be transferred to his/her immediate supervisor.
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c/ If the case of violation
falls beyond the sanctioning competence of the director of a forest protection
section, its dossier shall be transferred to tile director of the
provincial-level forest protection department or the president of the
district-level People's Committee of the locality where the violation takes
place for handling.
d/ If the case of violation
falls beyond the sanctioning competence of the leader of the mobile forest
protection and forest fire prevention and fighting team, its dossier shall be
transferred to the director of the provincial-level forest protection department
for sanctioning.
dd/ If the case of violation
falls beyond the sanctioning competence of the president of a district-level
People's Committee or the director of a forest protection section, its dossier
shall be transferred to the president of the provincial-level People's
Committees for sanctioning.
e/ When finding it necessary,
the immediate supervisor within the system of forest protection agencies may
pick up a case of administrative violation falling within the sanctioning
competence of its subordinate for handling.
2. The transfer of dossiers of
cases of violation to authorities with sanctioning competence shall he carried
out through the system of forest protection agencies. Pending the issuance of
sanctioning decisions by competent agencies, temporarily seized forest products
and means in these eases shall be preserved by agencies which have decided on
the temporary seizure at temporary seizure places. Alter sanctioning decisions
are issued, forest protection agencies shall comply with these decisions.
Chapter IV
APPLICATION OF
PREVENTIVE MEASURES
Article
29.- Body search, detention of persons according to administrative procedures
1. Body search according to
administrative procedures shall be carried out under the provisions of Article
47 of the Ordinance on the Handling of Administrative Violations.
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Article
30.- Search of vehicles and articles
When having grounds to believe
that vehicles, bags and containers contain illegal forest products, leaders of
task-force forest protection teams, directors of district-level forest
protection sections, special-use forest protection sections or
protection-forest protection sections, leaders of mobile forest protection and
forest fire prevention and fighting teams or forest protection officers that
are performing forest product examination and control shall use signal flags,
signal boards, whistles or torches (at dark) to order operators of road or
waterway vehicles to stop their vehicles for forest product control. Vehicle
and article searches shall be carried out under the provisions of Article 48 of
the Ordinance on the Handling of Administrative Violations.
Article
31.- Search of places for concealed material evidences and means involved in
administrative violations
Persons defined in Article 45 of
the Ordinance on the Handling of Administrative Violations who work in the
forest protection force or other functional agencies defined in Clause 4,
Article 27 of this Decree, when conducting inspection and examination in the
domain of forest management, forest protection and forest product management,
are entitled to make decision to search forests or sites where forest products
and means involved in administrative violations are concealed under the
provisions of Article 49 of the Ordinance on the Handling of Administrative
Violations.
When searching residences for
material evidences and means involved in administrative violations, scorch decisions
arc subject to prior written consent of the president of the district-level
People's Committee before the search is carried out Residence mentioned in this
Article is a place of habitual residence of an individual or household with
permanent residence or temporary residence registration papers; or a place
where the vehicle is registered, for vehicles used as habitual residences of
individuals or households.
Article
32.- Temporary seizure of material evidences and means involved in
administrative violations
1. Leaders of task-force forest
protection teams, directors of district-level forest protection sections,
special-use forest protection sections or protection-forest protection
sections, leaders of mobile forest protection and forest fire prevention and
righting teams and other persons defined in Articles 45 and 46 of the Ordinance
on the Handling of Administrative Violations have the competence to temporarily
seize material evidences and means involved in administrative violations.
Seizure of material evidences
and means involved in administrative violations shall be carried out under the
provisions of Article 46 of the Ordinance on the Handling of Administrative
Violations.
2. The duration of temporary
seizure of vehicles involved administrative violations is as follows:
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b/ For complex cases requiring
verification, vehicles involved in administrative violations may be temporarily
seized for a longer period not exceeding 60 days, counting from the date they
are temporarily seized.
The time of temporary seizure of
vehicles involved in administrative violations specified at Points a and h.
Clause 2 of this Article is counted in working days, excluding holidays as
prescribed by law.
Chapter V
PROCEDURES FOR
SANCTIONING ADMINISTRATIVE VIOLATIONS AND EXECUTION OF SANCTIONING DECISIONS
Article
33.- Termination of acts of administrative violation
When detecting individuals' or
organizations' acts of administrative violation specified in Articles 8 through
23 of this Decree or activities at risk of causing forest fires or damaging
forests, persons with sanctioning competence shall take measures to stop These
acts or activities. A termination measure may be a written or oral decision, a
whistle, a signal or in other forms depending on each specific case of
violation. Immediately after stopping activities harmful to forests, forest
protection officers shall report thereon to their immediate supervisors.
Article
34.- Sanctioning of administrative violations according to simplified
procedures
It is the case in which a person
with sanctioning competence does not make a written record of a violation but
issue a sanctioning decision on spot.
1. Cases in which administrative
violations may be sanctioned according to simplified procedures:
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b/ Multiple acts of violation
committed by a person each of which is subject to caution or a fine of up to
VND 100,000.
2. An administrative
violation-sanctioning decision according to simplified procedures must be made
in writing according to a set form. Sanctioned individuals or organizations may
pay fines on spot to persons with sanctioning competence for which they will be
given a receipt issued by the Ministry of Finance.
Article
35.- Making of written records of administrative violations
1. Persons with administrative
violation-sanctioning competence shall, when detecting illegal acts, promptly
make written records of administrative violation under the provisions of
Article 55 of the Ordinance on the Handling of Administrative Violations,
except for violations sanctioned according to simplified procedures under die
provisions of Article 54 of the Ordinance on the Handling of Administrative
Violations. If the written record-making person does not have the sanctioning
competence, his/her superior, who has sanctioning competence, shall sign the
written record or, if finding it necessary, conduct verification before signing
the written record.
2. Functional agencies mentioned
in Clause 4, Article 27 of this Decree shall, when detecting acts of
administrative violation in the domain of forest management, forest protection
and forest product management, make written records thereof, temporarily seize
material evidences and means involved in these administrative violations and
transfer them to forest protection agencies according to regulations. Written
records made by and transferred from functional agencies serve as the basis for
sanctioning administrative violations.
3. When catching individuals or
organizations red-handed, committing acts of administrative violations in the
forests under their management, forest owners may detain, make written records
of violations caught red-handed, escort the violators, and deliver them
together with die violation dossiers to forest protection agencies or People's
Committees of communes, wards or townships where the violations take place.
Written records of violations caught red-handed made by forest owners serve as
the basis for competent agencies to make written records of administrative
violations.
4. If detecting derelict
material evidences and means involved in violations, persons mentioned in
Clauses 1 and 2 of this Article shall make written records of examination and
temporary seizure and conduct investigation to identify violators and handle
them according to law.
Forest owners shall coordinate
with forest protection agencies in making written records of and examining
derelict material evidences and means found in their forests. Derelict forest
products found by forest owners shall be disposed of under Article 43 of this
Decree.
Article
36.- Administrative violation-sanctioning decisions
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2. Methods of determining fine
levels
a/ A specific fine imposed for
an act of administrative violation involving no aggravating or extenuating
circumstances is the average of the fine bracket prescribed for such act The
average of a fine bracket is half of the sum of the minimum fine at id die
maximum fine of the fine bracket. If a fine is based on the number of times of
the value of forest products, it shall be determined based on half of the sum
of the minimum number of times and the maximum number of times of the fine
bracket.
b/ For administrative violations
subject to a fine prescribed in square meter, cubic meter, true or value of forest
product, the average fine shall be calculated according to Point a, Clause 2 of
this Article, then multiplied by the area, volume or number of trees or value
of forest products involved in the violation.
c/ For violators with
extenuating or aggravating circumstances, it is necessary to calculate the
average fine according to Points a and b. Clause 2 of this Article, which may,
as the case may be, be reduced, but not lower than the minimum level of the
relevant fine bracket, and multiplied by the area volume, number of trees or
value of forest products involved in the violation, or be increased, but not
higher than the maximum level of the relevant fine bracket, and multiplied by
the area, volume or number of trees or value of forest products involved in the
violation, but not exceeding VND 30,000,000.
3. An administrative
violation-sanctioning decision must be issued according to proper competence,
order and procedures and in the proper form as prescribed. It must contain full
contents as specified in Article 56 of the Ordinance on the Handling of
Administrative Violations. When the provisions of Clause 4, Article 45 of this
Decree are applied this application must be stated in sanctioning decisions
Article
37.- Time limit for issuing sanctioning decisions
1. Time limit for issuing
sanctioning decisions
a/ For simple cases involving
apparent acts of violation and requiring no further verification, sanctioning
decisions must be issued within 10 working days from the date written records
of administrative violations are made.
b/ For complex cases in which
material evidences and means need assessment, violators need to be identified
or other complex circumstances are involved, the time limit for issuing
sanctioning decisions is 30 working days from the date written records of
administrative violations are made.
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c/The time limit for issuing
sanctioning decisions is counted in working days, excluding holidays prescribed
by law.
2. The order of extension of the
time limit for issuing a sanctioning decision is as follows:
a/ Directors of district-level
forest protection sections may grant extension for cases of violation falling
within the sanctioning competence of heads of attached forest protection
stations.
b/ Directors of provincial-level
forest protection apartments may grant extension for cases of violation falling
within the sanctioning competence of leaders of mobile forest protection and
forest fire prevention and fighting teams, directors of district-level forest
protection .sections, directors of special use forest protection sections and
directors of protection-forest protection sections.
c/ Presidents of district-level
People's Committees may grant extension for cases of violation falling within
the sanctioning competence of presidents of commune-level People's Committees.
d/ Presidents of
provincial-level People's Committees may grant extension for cases of violation
falling within the sanctioning competence of directors of provincial-level
forest protection departments and presidents of district-level People's
Committees.
dd/The director of the Forest
Protection Department may grant extension for cases of violation falling within
the sanctioning competence of task-force forest protection teams and cases of
violation falling within his/her sanctioning competence.
3. Competent persons may not
issue sanctioning decisions in the following cases:
a/The time limit stated at Point
a, Clause 1 of this Article has expired;
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c/ The extended period approved
by competent authorities has expired,
4. If not issuing sanctioning
decisions, competent persons may still issue decisions on the application of
remedies specified in Article 6 of this Decree, and confiscate forest products
which are material evidences involved in administrative violations.
Article 38-
Decision on forced application of remedies, confiscation of material evidences
involved in administrative violations in case of non-issuance of administrative
violation-sanctioning decisions
1. After the expiry of the
statute of limitations for sanctioning specified in Article 4 of this Decree or
the time limit for issuing administrative violation-sanctioning decisions
specified in Clause 3, Article 37 of this Decree, persons with sanctioning
competence may not issue sanctioning decisions but can still decide on the application
of remedies as applicable to acts of violation specified in Chapter II of this
Decree.
Decisions on forced application
of remedies must be issued in writing according to a set form.
2. If unable to issue a
sanctioning decision as the sanctioning time limit has expired, the person with
sanctioning competence can still issue a decision to confiscate forest products
that are material evidences involved in the administrative violation.
After the expiry of the
sanctioning time limit, decisions in confiscate forest products that are
material evidences involved in administrative violations must be issued in
writing according to a set form.
Article
39.- Valuation of material evidences and means involved in administrative
violations
1. After temporarily seizing
material evidences and means involved in administrative violations, if finding
it necessary to confiscate them, the person who has issued the temporary
seizure decision shall invite a representative from the finance agency of the
same level to examine and value these material evidences and means. If it is
difficult to value these material evidences and means or the person who has
issued the temporary seizure decision and the representative of the finance
agency cannot reach agreement, the person who has issued the temporary seizure
decision shall set up a valuation board with the participation of the
provincial-level auction service center and representatives of concerned
agencies to conduct the valuation.
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3. The value of material
evidences and means involved in administrative violations determined under the
provisions of Clause 1 of this Article serves as the basis for determining the
competence to confiscate material evidences and means involved in
administrative violations.
Article
40.- Signing and sealing of administrative violation-sanctioning decisions
1. A administrative violation-sanctioning
decision must be signed by the person with sanctioning competence or his/her
authorized person; no other persons are allowed to sign such decision on behalf
or for these persons.
2. Sealing of administrative
violation-sanctioning decisions
a/ Persons with administrative
violation-sanctioning competence and persons authorized to sanction
administrative violations may use the seal of the agency of the person
competent to sanction such violations. A seal shall be appended onto the left
one-third of (he signature
b/ For a sanctioning decision
issued by a person with sanctioning competence but without the right to
appendix a seal thereon, the seal of the agency of the person with sanctioning
competence shall he appended on the top left corner of the sanctioning
decision, at which the name of the sanctioning agency and the decision number
and code are displayed.
Article 41.- Collection and
payment of fines
1. Collection of fines
a/ State treasuries shall
collect fines for administrative violations, ensuring convenience for fine
payers. Fines for administrative violations must be collected according to
administrative violation-sanctioning decisions issued by persons with
sanctioning competence in accordance with the Ordinance on the Handling of Administrative
Violations.
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- Fines of between VND5,000 and
VND 100,000;
- Fines imposed after working
hours;
- Fines imposed in remote and
isolated places, on river and sea or in areas with difficult travel conditions.
c/ Violating individuals or
organizations that are unable to pay fines on spot shall pay fines at state
treasuries according to regulations. Persons with sanctioning competence shall
give administrative violation-sanctioning decisions to sanctioned individuals
or organizations and send these decisions within 3 working days from the date
of their issuance to state treasuries designated to collect fines.
2. Time limit for fine payment
a/ Individuals and organizations
that collect on spot fines for acts of administrative violation shall remit
collected fines within 2 working days from the date of collection thereof to
suite treasuries accurately and fully according to the total of fines indicated
in fine receipts and administrative violation-sanctioning decisions issued by
competent authorities.
b/ What administrative
violations are sanctioned in remote and isolated places or areas with difficult
travel conditions, persons with sanctioning competence may collect fines on
spot and shall remit collected fines to state treasuries within 7 working days
from the date of collection thereof; violators who are unable to pay fines on
spot shall comply With the provisions of Clause 3 of this Article.
c/ When administrative
violations are sanctioned on river or sea, persons with sanctioning competence
may collect fines on spot and shall remit collected fines to state treasuries
within 2 working days from the date of getting ashore. Sanctioned individuals
or organizations that are unable to pay fines on spot shall pay fines to state
treasuries within 2 working days from the date of getting ashore.
3. If not paying a fine on spot
(excluding the case specified at Point c, Clause 2 of this Article), the
sanctioned individual or organization shall fully pay the fine at the state
treasury indicated in the sanctioning decision within 10 days from the date of
receipt of the sanctioning decision.
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4. Management and use of fines
collected for administrative violations
a/ Fines collected tor
administrative violations must be fully remitted into the state budget via
state treasury accounts.
b/ Use of fines for
administrative violations which have been remitted into the state budget as
funding support for agencies and organizations in charge of handling
administrative violations must comply with the provisions of law on state
budget
Article
42.- Deprivation of the right to use permits and practice certificates
1. Deprivation of the right to
use permits and practice certificates is an additional sanctioning form applied
in addition to the principal sanctioning form in the following cases:
a/ Acts of violation specified
in Article 19 of this Decree and subject to an average fine of more man VND
10,000,000.
b/ Acts of violation specified
in Articles 20 and 21 of this Decree and subject to an average fine of more
than VND 5,000,000.
2. Persons with administrative
violation-sanctioning competence may deprive violators of the right to use
permits and practice certificates. Within 3 days from the date of issuance of
an administrative violation-sanctioning decision, the issuer shall notify the
permit- and practice certificate-granting agency of the application of the
sanctioning form of deprivation of the right to use permits and practice
certificates.
3. Procedures for deprivation of
the right to use permits and practice certificates comply with the provisions
of Article 59 of the Ordinance on the Handling of Administrative Violations.
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1. Persons committing acts of
illegally exploiting forests shall be handled under the provisions of Article
19 of this Decree.
2. Confiscated forest products shall
be returned to forest owners in the following cases:
a/ Forest owners catch violators
red-handed in their forests.
b/ Forest owners do not catch
violators re-handed but have sufficient grounds to prove that forest products
concerned belong to their planted, tended and protected forest plantations or
regenerated forests.
Article 44.
Disposal of material evidences and means involved in administrative violations
1. Seized material evidences and
means involved in administrative violations:
For material evidences that are
fresh and live articles, weak and wounded forest animals not of group IB or
other fresh forest products not of group IA persons with sanctioning competence
shall make written records and promptly organize the sale thereof at the prices
prescribed by provincial level People's Committees. The proceeds shall be
deposited in state treasury accounts. If the material evidences are later
confiscated under decisions or competent persons, these proceeds shall be paid
into die stale budget after subtracting related expenses according to the
provisions of law. If these material evidences are not confiscated, the
proceeds shall be returned to their lawful owners, managers or users.
2. For confiscated material
evidences and means involved in administrative violations:
a/ The Ministry of Agriculture
and Rural Development shall provide guidance on disposal of confiscated
material evidences that arc forest animals.
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c/ For confiscated means of poor
quality or with an expired use period as prescribed by law. provincial-level
forest protection departments shall, in coordination with the finance agency of
the same level and concerned agencies, make written records and organize the
sale thereof as scraps or the destruction thereof.
d/ For confiscated material
evidences and means involved in administrative violations other than those
prescribed in Clause 1 or at Points a and b. Clause 2 of this Article, they
shall be disposed of as follows:
- Within 5 working days from the
date of confiscation into state coffers of material evidences and means
involved in administrative violations, the agency that has issued the
confiscation decision shall send this decision to the finance agency of the
some level;
- Within 10 working days from
the date of issuance of a decision to confiscate material evidences and means
involved in an administrative violation, the provincial-level forest protection
department shall, in coordination with the finance agency of the same level and
concerned agencies, organize an auction within a month. Past this period, if
none or only some of the invited coordinating agencies participate in
organizing the auction, the provincial-level forest protection department shall
organize the auction on its own, remit the proceeds in a state treasury, then
notify the finance agency of the same level thereof.
dd/ For provinces and districts
without a forest protection agency, confiscated forest products shall be
transferred to the finance agency of the same level for sale according to
current regulations.
Article
45.- Compliance with administrative violation-sanctioning decisions
1. After issuing a sanctioning
decision the person with sanctioning competence shall deliver it to the
sanctioned person or notify such person 1o come to receive it. Past one year,
if the person with sanctioning competence cannot deliver the sanctioning
decision to the sanctioned person, he/she shall issue n decision to terminate
the execution of the decision with respect to such person, except for the
confiscation of material evidences and means involved in the administrative
violation.
2. Within 10 days from die date
of receipt of a sanctioning decision, the individual or organization that is
sanctioned for an administrative violation shall comply with the sanctioning
decision except for cases eligible for postponed compliance with sanctioning
decisions specified in Article 65 of the Ordinance on the Handling of
Administrative Violations.
3. If an individual or
organization commits an administrative violation in an administrative unit
within one province but resides or is based in another province and has no
conditions for complying with the decision in the place where his/her/Its
administrative violation is sanctioned, the decision shall be transferred to
the agency of the same level of the locality where the individual resides or
the organization is based for organization of implementation. I f there is no
such agency of the same level in the locality where the individual resides or
the organization is based, the sanctioning decision shall be transferred to the
district level People's Committee for organization of implementation.
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4. In casa of imposing a fine on
the violator without confiscating his/her vehicle, the person with sanctioning
competence may temporarily keep the vehicle circulation permit, the driving
license and other related necessary papers or temporarily seize the vehicle
involved in the violation till all persons who arc sanctioned in the case of
violation completely comply with the sanctioning decision
Temporary seizure of vehicles
involved in administrative violations to ensure compliance with sanctioning
decisions must be recorded in sanctioning decisions, and written records of
temporary seizure of operators' or owners' vehicles must be made, specifying
the reason for the temporary seizure. The temporary seizure of a vehicle will
last until the violator completely complies with the sanctioning decision
immediately after the sanctioned violator completely complies with the
sanctioning decision, the person with sanctioning competence shall return the
vehicle to the violator.
Article
46.- Enforcement of administrative violation-sanctioning decisions
1. After the period for
compliance with an administrative violation sanctioning decision specified in
Clause 2, Article 45 of this Decree, the violator who fails to voluntarily
comply with the sanctioning decision shall be forced to comply with the
decision.
2. Enforcement of administrative
violation-sanctioning decisions complies with the provisions of Articles 66 and
67 of the Ordinance on the Handling of Administrative Violations and the
Government's Decree No. 37/2005/ND-CP of March 18, 2005, stipulating procedures
for applying measures to enforce administrative violation-sanctioning
decisions.
Article
47.- Transfer of dossiers of cases of violation with criminal signs for penal
liability examination
1. When examining a case of
violation in order to issue a sanctioning decision, if finding that the act of
violation concerned shows criminal signs, the responsible person shall initiate
a criminal case or immediately transfer the dossier of the case to o competent
criminal proceeding agency.
It is strictly prohibited to
retain cases of violation with criminal signs for administrative sanction.
2. For a case against which an
administrative violation sanctioning decision has boon issued but is later
detected to have criminal signs and still within the statute of limitations for
penal liability examination, the person who has issued the administrative
violation-sanctioning decision shall cancel this decision and. within three
days from the date of cancellation, transfer the dossier to a competent
criminal proceeding agency.
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Chapter VI
COMPLAINTS,
DENUNCIATIONS, AND HANDLING OF VIOLATIONS
Article 48.-
Complaints and denunciations Complaints and
denunciations shall be lodged and settled in accordance with the Law on
Complaints and Denunciations.
Article 49.-
Handling of violations committed by persons with
competence to sanction administrative violations
Persons with competence to
sanction administrative violations who harass, fail to promptly or improperly
sanction administrative violations, cover up violators, impose sanctions ultra
vires, appropriate or illegally use money, material evidences and means
involved in violations, or intentionally obstruct production and circulation of
commercial forest products, shall, depending on the nature and severity of
their violations, be handled or examined for penal liability; if causing
damage, they shall pay compensation therefor in accordance with law.
Chapter
Vll
IMPLEMENTATION PROVISIONS
Article 50.-
This Decree takes effect 15 days alter its publication
in "CONG BAO" and replaces the Government's Decree No. 139/2004/ND-CP
of June 25,2004, on sanctioning of administrative violations in the domain of
forest management, forest protection and forest product management
Acts of administrative
violations in the domain of forest management, forest protection and forest
product management which are detected and recorded before the effective date of
this Decree and are not handled yet shall be sanctioned under the provisions of
this Decree.
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Article 51.-
The Ministry of Agriculture and Rural Development shall
organize, direct, and prescribe unified paper forms to be used by the forest
protection force nationwide for the implementation of this Decree. It shall
provide guidance on any problems arising in the course of implementation for
consistent settlement in the accordance with law.
Article 52.-
Ministers, heads of ministerial-level agencies, heads of
government-attached agencies and presidents of People's Committees of provinces
and centrally run cities shall implement this Decree.
ON
BEHALF OF TFIE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung