Circular No. 09/1997/TT-NN-KL amends and supplements certain provisions regarding administrative sanctions for violations in forest management and timber protection under Government Decree No. 77/CP. This circular specifies details on the establishment of records, levels of fines, and the authority to issue decisions on administrative sanctions by forestry rangers.
적용 범위
Forestry rangers, individuals violating administrative regulations in forest management and timber protection.
핵심 사항
- Forestry rangers → establish one record when imposing penalties for multiple violations at the same time → do not need to establish multiple records.
- Forestry rangers → do not apply a common fine level for each individual within a violating organization → only issue a decision to penalize the organization.
- Forestry rangers → temporarily calculate fines based on the area of forest destroyed and the prescribed penalty range → may adjust according to aggravating or mitigating circumstances, but not exceeding the maximum fine limit.
- Forestry rangers → issue a warning or impose a fine up to 20,000 VND on the spot if the violation is minor → establish a record and issue a decision to impose a fine from 20,000 to 100,000 VND if confiscation of evidence or means is required.
- Forestry rangers → establish a record and temporarily detain evidence when the fine exceeds 100,000 VND to report to the head supervisor for further action.
🌐 이 문서의 사회적 영향
- Citizens → reduce legal burden when committing minor violations, can be fined on the spot.
- Enterprises → need to pay attention to the rules on establishing records and issuing decisions on penalties to avoid higher fines.
- Forestry rangers → increase responsibility in establishing records and accurately determining penalties.
❓ 자주 묻는 질문
What impact does establishing one record when multiple violations occur simultaneously have?
When establishing a record for multiple violations occurring simultaneously, forestry rangers only need to establish one record instead of separate records for each violation.
What can forestry rangers decide on fines or warnings?
Forestry rangers can issue a warning or impose a fine from 0 VND to 20,000 VND for minor violations.
How should a record be established and a decision on penalties be issued when the fine exceeds 100,000 VND?
When the fine exceeds 100,000 VND, forestry rangers must establish an administrative violation record, temporarily detain evidence and means of violation to report to the direct superior for further handling.
How can forestry rangers adjust the fine?
Forestry rangers can adjust the fine according to aggravating or mitigating circumstances, but not exceeding the maximum fine limit of 5,000,000 VND.
How should a record be established and a decision on penalties be issued when the violation is minor?
For minor violations, forestry rangers can issue a warning or impose a fine from 0 VND to 20,000 VND on the spot.
전문
CIRCULAR
Amending and Supplementing Certain Provisions of Circular No. 01/NN-KL-TT dated February 18, 1997:
guiding the implementation of Decree No. 77/CP of the Government on administrative penalties for violations
in the field of forest management, forest protection, and forest product management
_________________
On February 18, 1997, the Ministry of Agriculture and Rural Development issued Circular No. 01/NN-KL-TT: guiding the implementation of Decree No. 77/CP dated November 29, 1996 of the Government on administrative penalties for violations in the field of forest management, forest protection, and forest product management. The Ministry of Agriculture and Rural Development now amends and supplements certain provisions of Circular No. 01/NN-KL-TT as follows:
PART I:
REGARDING GENERAL PROVISIONS.
Point 3: Regarding the principle of handling administrative violations.
Point 3.1: In cases where a person commits multiple administrative violations.
Paragraph 2: "When drafting the violation record as well as when issuing the penalty decision against a person who has committed multiple violations, it is only necessary to draft one record..." now adds the phrase "at the same time" before the phrase "when drafting the record..." and removes the word "this" from the sentence. Therefore, the new sentence reads correctly as: "At the same time when drafting the record as well as issuing the penalty decision against a person who has committed multiple violations, it is only necessary to draft one record..."
Point 3.2: In cases where multiple people organize themselves to jointly commit one administrative violation:
Paragraph 1 removes the word "common" in the phrase "the common fine level." After the word "that," remove the phrase "do not decide to impose separate fines on each violator."
PART II:
REGARDING VIOLATIONS, FORMS, AND LEVELS OF PENALTIES.
Point 2: Application of forms and levels of penalties.
Point 2.2: Calculation of fines.
Adds at the end of the paragraph, the following example:
The act of destroying 0.06 hectares of protective forest was discovered and recorded by forestry inspectors. The level of damage caused by this violation falls within the fine range specified in point a, Clause 2, Article 4 of Decree No. 77/CP, which is a fine from over 1,000,000 VND to 5,000,000 VND. Before deciding on the fine amount, the inspector temporarily calculates the fine as follows:
|
5,000,000 VND x 0.06 hectares |
|
|
|
= 3,000,000 VND |
|
0.1 hectare |
|
Based on the above temporary fine calculation, if there are mitigating circumstances, a fine below 3,000,000 VND may be decided, but it must not be lower than the minimum fine of 1,000,000 VND. If there are aggravating circumstances, a higher fine than 3,000,000 VND may be imposed, but it must not exceed the maximum fine limit of 5,000,000 VND.
Point 2.3: Imposing fines and confiscating illegal forest products.
Paragraph 1 removes the sentence: "In exceptional cases such as when the violator has difficult economic conditions... allow the use of forest products."
PART III.
REGARDING PENALTY AUTHORITY AND PROCEDURES.
A. PENALTY AUTHORITY
1. Penalty authority of forestry inspectors.
Point 1.1: Forestry inspectors performing their duties upon discovering violations within their penalty authority shall handle them as follows:
This point is entirely amended and supplemented as follows:
If the violation is minor and a warning or a fine up to 20,000 VND without confiscation of evidence or means is deemed necessary, the penalty decision shall be made on the spot according to Article 46 of the Administrative Violations Handling Law.
If a fine between 20,000 VND and 100,000 VND without confiscation of evidence or means is deemed appropriate, a violation record shall be drafted and the penalty decision made according to Articles 47 and 48 of the Administrative Violations Handling Law.
The issuance of penalty decisions within the authority of forestry inspectors must comply with the prescribed forms and guidelines of the Ministry of Agriculture and Rural Development.
For other cases outside the two aforementioned situations, a violation record shall be drafted, the evidence or means of violation temporarily seized, and reported to the direct superior for handling.
This circular amends and supplements certain provisions of Circular No. 01/NN-KL-TT dated February 18, 1997, and takes effect 15 days after its signing. Other provisions of Circular No. 01/NN-KL-TT remain unchanged./.
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