THE GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
40/2015/NĐ-CP
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Hanoi, April 27,
2015
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DECREE
PROVIDING AMENDMENTS
TO A NUMBER OF ARTICLES OF THE DECREE No. 157/2013/NĐ-CP DATED
NOVEMBER 11, 2013 BY THE GOVERNMENT ON PENALTIES FOR ADMINISTRATIVE VIOLATIONS
to the AGAINST THE 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,
The Government
promulgates the Decree providing
amendments to a number of articles of the Decree No. 157/2013/NĐ-CP dated November
11, 2013 by the Government on penalties for administrative
violations pertaining to forest management, development, protection and forest
product management.
Article 1. Amendments to a number of articles of
the Decree No. 157/2013/NĐ-CP dated November 11,
2013 by the Government on penalties for administrative violations pertaining to
forest management, development, protection and forest product management
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“This Decree deals with the
violations, administrative penalties, fines and remedial
measures for the administrative violation, the persons
entitled to make violation record, impose penalties and the penalties they can
impose upon administrative violation against the regulation on forest management, development, protection and forest product
management.
This Decree is not applicable to forest
animals/plants included in the List of species being precious and endangered
subject to prioritized protection according to Government’s regulations.”
2. Clause 2 of Article 3 is amended
as follows:
“2. Forest products are products of plants and
animals, 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. Clause 9 is added to
Article 3, specifically as follows:
“9. Forest environmental service mentioned in
Article 9a of this Decree includes:
a) Land protection, erosion reduction and
sedimentation of lakes, rivers and streams;
b) Regulation and maintenance the source of water
for production and social life;
c) Forest carbon absorption and retention,
reduction of greenhouse gas emissions by preventive measures for forest
degradation, forest area decrease and sustainable development;
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dd) Provision of spawning grounds, sources of feed
and natural seeds, use of water from forests for aquaculture.”
4. Clauses 4, 5, 6 and 7 are added to Article 4, specifically as
follows:
“4. Sign the contract on payment for forest
environmental service.
5. Enumerate the charges for
forest environmental service.
6. Pay sufficiently the payment for forest
environmental service and the interest due to the late payment (if any) in
proportion to the amount and duration of the lateness.
7. Pay sufficiently the charge for forest
environmental service to the entities in charge of forest protection according
to the signed contract.”
5. Clause 1 of Article 7 is amended
as follows:
“1. The fines prescribed in Chapter
II of this Article are incurred by individuals (except for the
violations specified in Clause 4 Article 9a of this Decree); the
fines incurred by organizations are twice the fines incurred by the individuals
having similar violations.
6. Point d is added to Clause 10
of Article 22, specifically as follows:
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7. Point d is added to Clause 10 of Article 23,
specifically as follows:
“d) Products of
forest animals not belonging to group IB, derivatives and parts thereof that value exceeding VND 100,000,000.”
8. Article 9a is added to the Decree as follows:
“Article 9a. Violations against regulations on payment for forest environmental
service
1. Any entities that
uses forest environmental service without contract on payment for 3
months shall incur the penalties below:
a) Fines of from VND 500,000 to VND 1,000,000 shall
be imposed on entities not signing the contract with the owner of forest used
for forest environmental service provision, applicable to direct payment;
b) Fines of from VND 10,000,000 to VND 20,000,000
shall be imposed on entities not signing the contract with the forest
protection and development funds of provinces, applicable to indirect payment;
c) Fines of from VND 40,000,000 to VND 50,000,000
shall be imposed on entities not signing the contract with the forest
protection and development funds of Vietnam, applicable to indirect payment;
d) Remedial measures
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2. Any entities that uses forest
environmental service without declaration on payment for forest
environmental service, applicable to indirect payment, shall
incur the following penalties:
a) Fines of from VND 200,000 to VND 500,000,
applicable to the payment up to VND 50,000,000;
a) Fines of from VND 500,000 to VND 1,000,000,
applicable to the payment of from over VND 50,000,000 to VND 200,000,000;
c) Fines of from VND 1,000,000 to VND 3,000,000,
applicable to the payment of from over VND 200,000,000 to VND 300,000,000;
d) Fines of from VND 3,000,000 to VND 5,000,000,
applicable to the payment of from over VND 300,000,000 to VND 500,000,000;
dd) Fines of from VND 5,000,000 to VND 10,000,000, applicable to the
payment of over VND 500,000,000;
e) Remedial measures
The entities that commit the
violations specified in points a, b, c, d and dd of this Clause shall be compelled to take the
remedial measures prescribed in Clause 5 Article 4 of this Decree for 15 days from the day on which the decision on penalty is received.
3. Any forest environmental service user who fails
to pay or pays insufficiently the charge for the service shall incur the
following penalties:
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b) Fines of from VND 1,000,000 to VND 3,000,000,
applicable to the insufficient payment for more than 03 months exceeding the
time limit specified in the contract with the amount of from over VND
20,000,000 to VND 30,000,000;
c) Fines of from VND 3,000,000 to VND 5,000,000,
applicable to the insufficient payment for more than 03 months exceeding the
time limit specified in the contract with the amount of from over VND
30,000,000 to VND 50,000,000;
d) Fines of from VND 3,000,000 to VND 5,000,000,
applicable to the insufficient payment for more than 03 months exceeding the
time limit specified in the contract with the amount of from over VND 30,000,000
to VND 50,000,000;
dd) Fines of from VND 10,000,000 to VND 20,000,000, applicable to the
insufficient payment for more than 03 months exceeding the time limit specified
in the contract with the amount of from over VND 100,000,000
to VND 200,000,000;
e) Fines of from VND 20,000,000 to VND 30,000,000,
applicable to the insufficient payment for more than 03 months exceeding the
time limit specified in the contract with the amount of from over VND
200,000,000 to VND 500,000,000;
g) Fines of from VND 30,000,000 to VND 50,000,000,
applicable to the insufficient payment for more than 03 months exceeding the
time limit specified in the contract with the amount of over VND 500,000,000;
h) Remedial measures
The entities that commit the
violations specified in points a, b, c, d, dd and e of this Clause shall be compelled to take the
remedial measures prescribed in Clause 6 Article 4 of this Decree for 01 month
from the day on which the decision on penalty is received.
Interest is determined on the basis of according to
the amount and duration of late payment according to the standard interest
rates promulgated by the State Bank of Vietnam most nearly to the time the
decision on penalties for administrative violations is issued.
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a) Fines of from VND 200,000 to VND 500,000,
applicable to the payment up to VND 5,000,000;
b) Fines of from VND 1,000,000 to VND 3,000,000,
applicable to the payment of from over VND 5,000,000 to VND 20,000,000;
c) Fines of from VND 3,000,000 to VND 5,000,000,
applicable to the payment of from over VND 20,000,000 to VND 50,000,000;
d) Fines of from VND 5,000,000 to VND 10,000,000,
applicable to the payment of over VND 500,000,000;
dd) Remedial measures
The entities that commit the
violations specified in points a, b, c and d of this
Clause shall be compelled to take the remedial measures
prescribed in Clause 7 Article 4 of this Decree for 01 month from the day on
which the decision on penalty is received.
9. Clause 2 Article 7; Clauses 5 and 6 of Article
24 are annulled.
Article 2. Effect
This Decree comes into effect from June 20, 2015.
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1. The Minister of Agriculture and
Rural development are responsible for the implementation of this Decree.
2. The Ministers, Heads of ministerial-level
agencies, Heads of Governmental agencies, the Presidents of the People’s
Committees of provinces are responsible for implementing this Decree./.
ON BEHALF OF
THE GOVERNMENT
THE PRIME MINISTER
Nguyen Tan Dung