Decree No. 139/2004/NĐ-CP On Administrative Sanctions for Violations in the Field of Forest Management, Forest Protection, and Timber Management

DECREE

Regarding administrative penalties for violations in the field of Forest Management,

Protection of Forests and Timber Management

________________

 

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Forest Protection and Development dated August 12, 1991;

Pursuant to Ordinance No. 44/2002/PL-UBTVQH10 on Handling Administrative Violations dated July 2, 2002;

Considering the proposal of the Minister of Agriculture and Rural Development,

DECREE:

Chapter I

GENERAL PROVISIONS

Article 1. Scope and objects of application:

1. This Decree stipulates administrative penalties for individuals and organizations of Vietnam (referred to collectively as violators) who intentionally or negligently violate state regulations on forest management, protection of forests, and timber management within the territory of the Socialist Republic of Vietnam, causing damage or not causing damage to forests, forest land, timber, and forest environment without reaching the level of criminal prosecution.

This Decree does not apply to legally imported natural timber from foreign countries.

2. This Decree also applies to impose administrative penalties on individuals and organizations of foreign countries who violate state regulations on forest management, protection of forests, and timber management within the territory of the Socialist Republic of Vietnam.

In cases where international treaties signed or acceded to by the Socialist Republic of Vietnam provide different provisions, such provisions shall be applied.

Article 2. The terms in this Decree are understood as follows:

1. Timber: includes forest plants, wild animals (birds, mammals, amphibians, reptiles, insects; hereinafter referred to as wildlife) and their products. Timber includes common timber and rare timber.

2. Wood: includes roundwood, sawn wood, worked wood; with volume units measured in cubic meters (m³). In this Decree, the volume of contraband wood is calculated based on roundwood. In cases where contraband wood is sawn wood or worked wood in box form, it is converted to roundwood by multiplying with a factor of 1.6.

In cases where the contraband item is wood not listed in the current wood directory of Vietnam, the competent authority must determine or organize an appraisal to classify it according to groups.

In cases where the contraband item is imported timber, the name of the timber is determined by its scientific name (Latin).

3. The value of damaged timber, the value of equipment used for administrative violations is determined according to the market price at the place and time of discovery and handling of the violation.

4. Repeated violation refers to a situation where the violator has previously committed at least one violation in the field of forest management, protection of forests, and timber management without being administratively penalized and before the statute of limitations for punishment has expired.

5. Recidivism refers to a situation where the violator has been administratively penalized at least once in the field of forest management, protection of forests, and timber management but before the period during which they are considered not to have been administratively penalized has expired or within one year from the date when the statute of limitations for enforcement of the penalty decision expires, and then commits another administrative violation in this field.

6. Contraband items and means: include timber that has been violated; various objects, tools, and means (including draft animals) used to commit administrative violations.

7. Illegal deforestation: is the act of causing damage to forests for any purpose without permission from the competent state agency or with permission but not in accordance with the permitted regulations.

8. Illegal logging: is the act of felling trees in the forest to obtain wood without permission from the competent state agency or with permission but not in accordance with the permitted regulations.

9. Illegal harvesting of firewood or other forest products: is the act of harvesting firewood or other forest products contrary to state regulations.

10. Illegal clearing of forests for shifting cultivation: is the act of clearing forests for shifting cultivation outside the designated area.

11. Violation of regulations on grazing livestock in forests illegally: is the act of grazing livestock in forest areas where grazing is prohibited.

Article 3. Principles of administrative penalties:

1. All acts violating state regulations in the field of forest management, protection of forests, and timber management must be promptly discovered and immediately stopped. Administrative penalties must be carried out quickly, fairly, and in accordance with the law; the violator or their guardian must bear responsibility for remedying all consequences caused by the administrative violation in accordance with the law.

2. Mitigating circumstances: in addition to the mitigating circumstances prescribed in Article 8 of Ordinance No. 44/2002/PL-UBTVQH10 dated July 2, 2002 of the Standing Committee of the National Assembly on Handling Administrative Violations (hereinafter referred to as the Ordinance on Handling Administrative Violations); in this Decree, the following circumstances are also considered mitigating circumstances:

The violator is a war invalid.

The violator is a child or sibling of烈士，或者有功于革命的家庭成员。

The violator belongs to a policy beneficiary group.

3. Administrative penalties must be based on the nature and degree of the violation, the background of the violator, and the mitigating and aggravating circumstances prescribed in Clause 2 of this Article and Articles 8 and 9 of the Ordinance on Handling Administrative Violations to decide on the form, level of penalty, and remedial measures provided for in this Decree.

If the violator does not have aggravating or mitigating circumstances, the fine amount is the middle level of the fine range prescribed for that act; if there are mitigating circumstances, the fine amount may be reduced but not lower than the lowest level of the fine range prescribed for that act; if there are aggravating circumstances, the fine amount may be increased but not exceed the highest level of the fine range prescribed for that act.

A single administrative violation in the field of forest management, protection of forests, and timber management shall only be punished once.

5. In cases where a person commits multiple administrative violations, they shall be punished for each individual violation. If the fine amount and the value of contraband items and means of each administrative violation fall within the jurisdiction of one level, that level shall decide on the punishment; if the fine amount or the value of contraband items and means of one of the violations falls outside its jurisdiction, the case file shall be transferred to the competent level for punishment.

6. In case multiple persons jointly commit an administrative violation, each violator shall be subject to punishment for that violation. It is strictly prohibited to divide the common damage caused by the violation among several violators for the purpose of applying penalties.

7. In cases where the contraband items of the administrative violation are wild animals or plants listed in Appendix I or II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), but not specified in the List of Precious Wild Animals and Plants issued together with Decree No. 48/2002/NĐ-CP dated April 22, 2002 of the Government (referred to as Decree No. 48/2002/NĐ-CP) amending and supplementing the List of Precious Wild Animals and Plants issued together with Decree No. 18-HĐBT dated January 17, 1992 of the Council of Ministers, or they are natural enemies of harmful organisms protected by law, such acts shall still be treated as violations concerning precious wild animals and plants of group IIA, IIB as stipulated in this Decree.

8. The following violations do not fall within the scope of administrative offenses and shall be transferred for criminal prosecution:

a. Damaging wild plants or animals belonging to groups IA, IB as listed in the List of Precious Wild Animals and Plants issued together with Decree No. 48/2002/NĐ-CP.

b. Damaging forests through illegal deforestation or forest clearance causing forest fires over 10,000 square meters² of production forests or 7,500 square meters² of protective forests or 5,000 square meters² of special-use forests.

c. Illegally exploiting timber equivalent to:

For production forests: more than 10 cubic meters³ of precious timber group IIA or 15 cubic meters³ of ordinary timber from groups I to III or 20 cubic meters³ of ordinary timber from groups IV to VIII.

For protective forests: more than 7.5 cubic meters³ of precious timber group IIA or 10 cubic meters³ of ordinary timber from groups I to III or 15 cubic meters³ of ordinary timber from groups IV to VIII.

For special-use forests: more than 2 cubic meters³ of precious timber group IIA or 4.5 cubic meters³ of ordinary timber from groups I to III or 6 cubic meters³ of ordinary timber from groups IV to VIII.

d. Transporting or trading illegally more than 6 cubic meters³ of precious timber group IIA, or 10 cubic meters³ of ordinary timber from groups I to III or 20 cubic meters³ of ordinary timber from groups IV to VIII.

đ. Illegally hunting, buying, selling, transporting common wild animals worth more than 7,500,000 VND, or precious wild animals of group IIB worth more than 5,000,000 VND.

e. A violator who damages two types of forests or more, or illegally exploits, transports, trades two types of timber or more, or two types of animals as stipulated in Sections b, c, d, đ of this Clause, even though the area of each type of forest, volume of each type of timber, value of wild animals has not reached the level for criminal prosecution, if the total amount of fines exceeds 30,000,000 VND, then the violator will be subject to administrative offense penalties corresponding to the violation.

9. In cases where criminal proceedings have been initiated but later discontinued, and the case file is transferred for administrative offense punishment, the penalty shall be determined based on the severity of the violation, the background of the violator, aggravating and mitigating circumstances.

If the violator has been criminally prosecuted and the evidence is precious wild plants or animals of groups IA, IB, but later the case is discontinued and the file is transferred for administrative handling, the corresponding provisions for precious wild plants or animals of groups IIA, IIB shall be applied for handling.

Article 4. Time limit for administrative offense penalties:

1. The time limit for administrative offense penalties in the field of forest management, forest protection, and forest product management is one year, calculated from the date the administrative offense was committed. If the time limit prescribed above is exceeded, the violator will not be subject to administrative offense penalties, but measures to compel the violator to remedy the consequences corresponding to the violation shall still be applied according to Clause 3 of Article 5 of this Decree.

2. For individuals who have been indicted, prosecuted, or had a decision made to bring them to trial under criminal procedure, but later had a decision to discontinue investigation or discontinue the case and transfer the file for administrative handling, the time limit for administrative offense penalties in this case is three months from the date the authority responsible for imposing penalties receives the decision to discontinue and the case file.

Article 5. Forms of administrative offense penalties and remedial measures:

1. The violator of an administrative offense must bear one of the following main forms of penalty:

a. Warning:

A warning shall be imposed on individuals or organizations committing an administrative offense for the first time, without causing damage or with insignificant damage as stipulated by law, with mitigating circumstances, or for actions carried out by minors aged 14 years or older but under 16 years old.

b. Fine:

The maximum fine for each administrative offense in the field of forest management, forest protection, and forest product management is 30,000,000 VND.

For individuals aged 16 years or older but under 18 years old, the fine shall not exceed half the fine for adults.

2. Depending on the nature and degree of the violation, individuals or organizations committing an administrative offense may also be subject to one or more supplementary forms of penalty as follows:

a. Revocation of permits such as: Timber Harvesting Permit, Hunting Rifle Permit, Driver's License, Special Transportation Permit, Common Wildlife Transportation Permit, Hotel and Restaurant Business Operation Permit.

b. Confiscation of forest products; confiscation of means used in the commission of the administrative offense.

3. In addition to the penalties prescribed in Clauses 1 and 2 of this Article, the violator of an administrative offense shall also be compelled to apply one or more of the following remedial measures:

a. Compel replanting of forests or pay the cost of replanting forests at the investment rate applicable in the locality at the time of the administrative offense.

b. Prohibit from undertaking forest harvesting design work for up to two years.

c. Revoke business registration.

d. Compel removal of unauthorized construction works on forest land; compel leveling or paying the cost of leveling on the area excavated due to the administrative offense.

đ. Compel payment for firefighting costs; compel restoration or pay the cost of restoring environmental pollution in forests and forest land.

e. Compel payment for rescue or destruction of injured or dead wildlife, or release wildlife back into the natural environment.

g. Compel recovery of resource taxes, confiscate forest products as contraband, auction and remit to the state budget.

h. Compel the transportation of passengers to the wharf or bear the cost of transporting passengers to the wharf in cases where passenger-carrying vehicles are used to illegally transport detained or subject to confiscation forest products.

Chapter II

VIOLATIONS, FORMS, AND AMOUNTS OF PENALTIES

Article 6. Violations of general national regulations on forest protection:

1. Warning or a fine of up to 100,000 VND if there is any of the following violations:

a. Activities affecting the natural life of wild plants and animals (causing environmental pollution, explosions, noise...).

b. Dumping waste indiscriminately, affecting or posing a risk of environmental pollution in the forest;

2. A fine of 200,000 VND to 1,000,000 VND if there is any of the following violations:

a. Bringing into the forest draft animals, hand tools for hunting birds and animals or hand tools for harvesting forest products without permission from the forest owner or competent state agencies.

b. Bringing flammable or explosive materials into the forest; lighting fires in areas where it is prohibited; smoking, discarding or spilling fire ashes into the forest.

c. Destroying the natural scenery of special-use forests.

d. Destroying signs, directional boards, or name plates of special-use forests.

3. A fine of 1,000,000 VND to 2,000,000 VND if there is any of the following violations:

a. Organizing unauthorized scientific research in special-use forests.

b. Illegally bringing into the forest mechanical equipment for harvesting or processing forest products.

4. In addition to warnings or fines, violators under this Article shall have their contraband and means of transportation confiscated. If damage is caused to the forest or forest products, they will also be punished according to Articles 7 and 8 of this Decree.

Article 7. Violations concerning deforestation:

1. For production forests:

a. A fine of 1,000 VND/m² to 1,500 VND/m² when causing damage up to 2,000m²

b. A fine of 1,500 VND/m² to 2,000 VND/m² when causing damage over 2,000m² to 5,000m²

c. A fine of 2,000 VND/m² to 3,000 VND/m² when causing damage over 5,000m² to 10,000m².

2. For protective forests:

a. A fine of 1,500 VND/m² to 2,500 VND/m² when causing damage up to 1,500m².

b. A fine of 2,000 VND/m² to 3,000 VND/m² when causing damage over 1,500m² to 4,000m².

c. A fine of 3,000 VND/m² to 4,000 VND/m² when causing damage over 4,000m² to 7,500m².

3. For special-use forests:

a. A fine of 2,000 VND/m² to 3,000 VND/m² when causing damage up to 1,000m².

b. A fine of 3,000 VND/m² to 4,000 VND/m² when causing damage over 1,000m² to 2,500m².

c. A fine of 4,000 VND/m² to 6,000 VND/m² when causing damage over 2,500m² to 5,000m².

4. In cases of illegal deforestation in seedling forests or experimental research forests as planned by the State, such cases shall be handled according to the provisions applicable to special-use forests.

5. In addition to being fined, violators under this Article shall also be:

a. Confiscated forest products and administrative violation means.

b. Compelled to replant the forest or bear the costs of replanting the forest.

Article 8. Violations concerning forest design and harvesting:

1. A fine of 1,000,000 VND to 3,000,000 VND for the designer when the total volume of felled trees in a large plot exceeds 15% of the designed harvest volume.

2. A fine of 4,000,000 VND to 10,000,000 VND for the designer when there is any of the following violations:

a. Incorrectly determining the area to be harvested by plot.

b. The total volume of felled trees exceeding 15% of the designed harvest volume by plot.

In addition to being fined, violators may also be barred from undertaking forest harvesting design work for a period of two years.

3. A fine of 2,000,000 VND to 3,000,000 VND for the harvester when there is any of the following violations:

a. Not clearing vines before felling.

b. Not felling at least 10% of the total number of felled trees in the plot.

c. Not complying with the post-harvest inspection team's recommendations, such as not cleaning the forest after harvesting; not pruning stumps of trees with regenerative potential, leaving stumps higher than the prescribed limit.

4. A fine of 4,000,000 VND to 6,000,000 VND for the harvester who does not fell at least 10% of the total number of felled trees in the plot.

5. In cases of felling outside the designated plot or non-designated trees, such cases shall be treated as illegal harvesting as stipulated in Article 9 of this Decree.

Article 9. Violations concerning timber harvesting:

1. Illegal harvesting of timber in production forests:

a. For timber from Group IV to Group VIII:

A fine of 500,000 VND/m³ to 700,000 VND/m³ when illegally harvesting up to 6m³.

A fine of 700,000 VND/m³ to 1,000,000 VND/m³ when illegally harvesting from over 6m³ to 15m³.

A fine of 1,000,000 VND/m³ to 1,500,000 VND/m³ when illegally harvesting from over 15m³ to 20m³.

b. For timber from Group I to Group III:

A fine of 700,000 VND/m³ to 1,100,000 VND/m³ when illegally harvesting up to 4m³

A fine of 1,000,000 VND/m³ to 1,500,000 VND/m³ when illegally harvesting from over 4m³ to 10m³.

A fine of 1,500,000 VND/m³ to 2,000,000 VND/m³ when illegally harvesting from over 10m³ to 15m³.

c. For rare timber from Group IIA:

A fine of 1,500,000 VND/m³ to 2,000,000 VND/m³ when illegally harvesting up to 3m³.

A fine of 2,000,000 VND/m³ to 2,500,000 VND/m³ when illegally harvesting from over 3m³ to 6m³.

A fine of 2,500,000 VND/m³ to 3,000,000 VND/m³ when illegally harvesting from over 6m³ to 10m³.

2. Illegal harvesting of timber in protective forests:

a. For timber from Group IV to Group VIII:

A fine of 700,000 VND/m³ to 1,000,000 VND/m³ when illegally harvesting up to 5m³.

A fine of 1,000,000 VND/m³ to 1,500,000 VND/m³ when illegally harvesting from over 5m³ to 10m³.

- A fine of 1,500,000 VND/m³ to 2,000,000 VND/m³ when illegally harvesting from over 10m³ to 15m³.

b. For timber from Group I to Group III:

A fine of 1,000,000 VND/m³ to 1,500,000 VND/m³ when illegally harvesting up to 3m³.

A fine of 1,500,000 VND/m³ to 2,000,000 VND/m³ when illegally harvesting from over 3m³ to 7m³.

A fine of 2,000,000 VND/m³ to 3,000,000 VND/m³ when illegally harvesting from over 7m³ to 10m³.

c. For rare timber from Group IIA:

A fine of 2,000,000 VND/m³ to 3,000,000 VND/m³ when illegally harvesting up to 2m³.

A fine of 3,000,000 VND/m³ to 3,500,000 VND/m³ when illegally harvesting from over 2m³ to 4m³.

A fine of 3,500,000 VND/m³ to 4,000,000 VND/m³ when illegally harvesting from over 4m³ to 7.5m³.

3. Illegal harvesting of timber in special-use forests:

a. For timber from Group IV to Group VIII:

A fine of 1,000,000 VND/m³ to 1,500,000 VND/m³ when illegally harvesting up to 3m³.

A fine of 1,500,000 VND/m³ to 2,000,000 VND/m³ when illegally harvesting from over 3m³ to 7m³.

A fine of 2,000,000 VND/m³ to 3,000,000 VND/m³ when illegally harvesting from over 7m³ to 10m³.

b. For timber from Group I to Group III:

A fine of 2,000,000 VND/m³ to 3,000,000 VND/m³ when illegally harvesting up to 2m³.

A fine of 3,000,000 VND/m³ to 3,500,000 VND/m³ when illegally harvesting from over 2m³ to 4m³.

A fine of 3,500,000 VND/m³ to 4,000,000 VND/m³ when illegally harvesting from over 4m³ to 7.5m³.

c. For rare timber from Group IIA:

A fine of 3,000,000 VND/m³ to 4,000,000 VND/m³ when illegally harvesting up to 1.5m³.

A fine of 4,000,000 VND/m³ to 5,000,000 VND/m³ when illegally harvesting from over 1.5m³ to 3m³.

A fine of 5,000,000 VND/m³ to 6,000,000 VND/m³ when illegally harvesting from over 3m³ to 5m³.

4. In cases of utilizing, salvaging, or retrieving sunken timber from rivers or lakes without permission from competent state authorities, penalties shall be applied according to Articles 1, 2, and 3 of this Article, depending on specific circumstances, with the penalty amount being half of the aforementioned penalties. If authorized by competent state authorities to utilize or salvage but failing to comply with the permit, causing damage to the forest, penalties shall be imposed according to Articles 1, 2, and 3 of this Article based on the degree of violation.

5. In cases of illegal exploitation in young forests where the volume cannot be calculated, the area of felling shall be measured and handled according to the provisions of Article 7 of this Decree; if the exploitation is scattered and the area cannot be calculated, the violation may be penalized according to the provisions of Clause 2, Article 12 of this Decree depending on the severity of the violation.

6. In cases of illegal exploitation of scattered crops or concentrated crops but not meeting acceptance standards, the provisions of Clause 1 of this Article (for crops with calculable volume) or Clause 2 of Article 12 (for young crops without calculable volume) shall be applied for handling.

7. Persons violating the provisions of this Article, in addition to being fined, shall also be subject to:

a. Confiscation of forest products and means of transport used in administrative violations.

b. Revocation of the right to use the Logging Permit.

c. Being ordered to replant or bear the cost of replanting scattered trees.

Article 10. Violations concerning the harvesting of firewood and other forest products:

1. For production forests.

a. Illegal harvesting of firewood:

A fine of VND 100,000 to VND 200,000 per cubic meter when harvesting up to 20 cubic meters;

A fine of VND 200,000 to VND 400,000 per cubic meter when harvesting from over 20 to 30 cubic meters;

A fine of VND 400,000 to VND 600,000 per cubic meter when harvesting from over 30 to 50 cubic meters.

b. Illegal harvesting of other forest products:

A fine of VND 80,000 to VND 100,000 per VND 100,000 value of ordinary other forest products;

A fine of VND 150,000 to VND 200,000 per VND 100,000 value of rare other forest products group IIA;

2. For protective forests:

a. Illegal harvesting of firewood:

A fine of VND 200,000 to VND 300,000 per cubic meter when harvesting up to 15 cubic meters of firewood;

A fine of VND 300,000 to VND 500,000 per cubic meter when harvesting from over 15 to 25 cubic meters;

A fine of VND 500,000 to VND 750,000 per cubic meter when harvesting from over 25 to 40 cubic meters.

b. Illegal harvesting of other forest products:

A fine of VND 80,000 to VND 100,000 per VND 100,000 value of ordinary other forest products.

A fine of VND 150,000 to VND 200,000 per VND 100,000 value of rare other forest products group IIA;

3. For special-use forests:

a. Illegal harvesting of firewood:

A fine of VND 300,000 to VND 400,000 per cubic meter when harvesting up to 10 cubic meters of firewood.

A fine of VND 400,000 to VND 700,000 per cubic meter when harvesting from over 10 to 20 cubic meters.

A fine of VND 700,000 to VND 1,000,000 per cubic meter when harvesting from over 20 to 30 cubic meters.

b. Illegal harvesting of other forest products:

A fine of VND 100,000 to VND 200,000 per VND 100,000 value of ordinary other forest products.

A fine of VND 200,000 to VND 300,000 per VND 100,000 value of rare other forest products group IIA.

4. Persons violating the provisions of this Article, in addition to being fined, shall also be subject to:

a. Confiscated forest products and administrative violation means.

b. Revocation of the right to use the Logging Permit.

c. Being ordered to dismantle or bear the cost of dismantling charcoal kilns, restoring the original topography of the forest.

Article 11. Violations concerning clearing forests for shifting cultivation:

1. For production forests:

a. A fine of VND 600 to VND 1,000 per square meter if causing damage up to 5,000 square meters.² to 1,000 dong/m² if causing damage up to 5,000m²

b. Fine from 1,000 dong/m² to 1,500 VND/m² if causing damage over 5,000m² to 10,000m².

2. For protective forests:

a. A fine of 1,000 VND/m² to 1,500 VND/m² if causing damage up to 4,000m²;

b. A fine of 1,500 VND/m² to 2,000 VND/m² if causing damage over 4,000m² to 7,500m²;

3. For special-use forests:

a. A fine of 1,500 VND/m² to 2,000 VND/m² if causing damage up to 2,500m².

b. A fine of 2,000 VND/m² to 3,000 VND/m² if causing damage over 2,500m² to 5,000m².

4. Persons violating the provisions of this Article, in addition to being warned or fined, shall also be subject to:

a. Confiscation of forest products and means of transport used in administrative violations.

b. Compelled to replant the forest or bear the costs of replanting the forest.

Article 12. Violations concerning grazing livestock in forests:

1. A warning or a fine of up to VND 100,000 when grazing livestock in newly planted forests, newly planted forests, or fenced regeneration forests that have been prohibited from grazing but have not caused damage or allowed livestock to break or uproot more than 25 trees.

2. A fine of VND 4,000 to VND 6,000 per tree if allowing livestock to break or uproot more than 25 trees.

3. Persons violating the provisions of this Article, in addition to being warned or fined, shall also be ordered to replant the forest or bear the cost of replanting the forest.

Article 13. Violations concerning forest fire prevention and firefighting:

1. A fine of VND 1,000,000 to VND 5,000,000 when committing one of the following violations:

a. Planting flammable tree species in concentrated forests without fire prevention facilities.

b. Not organizing forest guards during the dry season resulting in forest fires within the managed forest area.

c. Removing water reserves for firefighting during the dry season.

2. A fine of VND 2,000 to VND 10,000 per square meter when causing a fire in production forests up to 10,000 square meters.² to 3,000 VND/m² when causing a fire in production forests up to 10,000 m².

3. Fine from 3,000 dong/m² 4,000 dong/m² 3. A fine of VND 3,000 to VND 4,000 per square meter when causing a fire in protective forests up to 7,500 square meters.².

4. A fine of VND 4,000 to VND 5,000 per square meter when causing a fire in special-use forests up to 5,000 square meters.² to 6,000 VND/m² when causing a fire in special-use forests up to 5,000 m².

5. In addition to being fined, violators under this Article shall also be:

a. Being ordered to replant the forest or bear the cost of replanting the forest.

b. Compensating for firefighting costs.

Article 14. Violations concerning forest pest and disease control:

1. A warning or a fine of up to VND 500,000 when the forest owner does not implement one of the prescribed preventive measures against pests and diseases.

2. A fine of VND 1,000,000 to VND 2,000,000 when using pesticides not listed in the permitted list of plant protection chemicals in Vietnam or bringing infected plants from elsewhere to plant, spreading pests and diseases locally.

3. A fine of over VND 2,000,000 to VND 10,000,000 when the forest owner fails to detect and handle outbreaks of pests and diseases affecting areas of 5 hectares or more.

4. Persons violating the provisions of this Article, in addition to being warned or fined, shall also be subject to:

a. Confiscation of illegally used plant protection chemicals.

b. Being ordered to rectify the consequences or bear the cost of rectifying the consequences caused by pests and diseases.

Article 15. Causing damage to forest land:

1. A warning or a fine of VND 1,000,000 to VND 2,000,000 for unauthorized excavation, leveling, or blasting.

2. A fine of VND 2,000,000 to VND 5,000,000 for unauthorized excavation, damming water sources for aquaculture.

3. A fine of VND 2,000,000 to VND 10,000,000 for one of the following violations: discharging toxic substances, burying toxic substances, leaving toxic substances, oil spills on forest land.

4. If causing loss of forest or damage to forest trees, additional penalties will be imposed according to Articles 7 and 8 of this Decree based on the extent of damage.

5. Persons violating the provisions of this Article, in addition to being warned or fined, shall also be subject to:

a. Confiscation of means of transport used in administrative violations.

b. Being ordered to level and restore the initial state, remediate pollution, or bear the cost of leveling and remediation of pollution.

Article 16. Unauthorized occupation and improper use of forest land:

1. A fine of VND 1,000 per square meter² to 1,500 VND/m² when encroaching illegally or misusing for up to 10,000m² of production forest land or weak protective forest land.

2. A fine of VND 2,000 to VND 10,000 per square meter when causing a fire in production forests up to 10,000 square meters.² to 3,000 VND/m² when encroaching illegally or misusing for up to 5,000m² of very weak protective forest land or special-use forest land.

3. A person violating the provisions of this Article, if causing further damage to forests, timber, or forestry land, shall be subject to handling according to the provisions of Articles 7, 9, 10, and 15 of this Decree, depending on specific circumstances.

4. A person violating the provisions of this Article, in addition to being fined, shall also be subject to:

a. Confiscation of timber and means of violation.

b. Revocation of the Certificate of Right to Use Forestry Land.

c. Forced removal or bearing the cost of removing illegal construction works on forestry land.

Article 17. Violations of regulations on management and protection of wildlife:

1. Warning or a fine up to 1,000,000 VND when committing any of the following violations:

a. Hunting wildlife during the breeding season.

b. Using prohibited hunting methods or tools.

c. Hunting wildlife in special-use forests.

d. Advertising the sale of wild animals of natural origin and their products.

2. For common wildlife:

a. A fine from 100,000 VND to 200,000 VND per 100,000 VND value of the wildlife contraband, when the value of the wildlife contraband is up to 2,000,000 VND.

b. A fine from 200,000 VND to 300,000 VND per 100,000 VND value of the wildlife contraband, when the value of the wildlife contraband is from over 2,000,000 VND to 5,000,000 VND.

c. A fine from 300,000 VND to 400,000 VND per 100,000 VND value of the wildlife contraband, when the value of the wildlife contraband is from over 5,000,000 VND to 7,500,000 VND.

3. For rare wildlife group IIB:

a. A fine from 200,000 VND to 300,000 VND per 100,000 VND value of the wildlife contraband, when the value of the wildlife contraband is up to 1,000,000 VND.

b. A fine from 300,000 VND to 400,000 VND per 100,000 VND value of the wildlife contraband, when the value of the wildlife contraband is from over 1,000,000 VND to 2,000,000 VND.

c. A fine from 400,000 VND to 500,000 VND per 100,000 VND value of the wildlife contraband, when the value of the wildlife contraband is from over 2,000,000 VND to 5,000,000 VND.

4. A person committing a violation under this Article, in addition to being fined, shall also be subject to:

a. Revocation of the Hunting License, Registration Certificate for Breeding Rare Wildlife, and Business License for Restaurants and Hotels.

b. Confiscation of contraband items and means of administrative violation.

c. Forced remediation or bearing the cost of remediation for pollution caused by administrative violation.

Article 18. Illegally purchasing, selling, or storing wood, firewood, or other forest products:

The act of purchasing, selling, or storing wood or other forest products without legal documentation or with legal documentation but incorrect species, quantity, specifications, or volume (according to the prescribed ratio, hereinafter referred to as incorrect compared to the documentation), shall be punished as follows:

1. For wood from groups IV to VIII:

a. A fine of 500,000 VND/m³ to 700,000 VND/m³ when the violation is up to 6m³.

b. A fine of 700,000 VND/m³ to 1,000,000 VND/m³ when the violation exceeds 6m³ to 15m³.

c. A fine of 1,000,000 VND/m³ to 1,500,000 VND/m³ when the violation exceeds 15m³ to 20m³.

2. For natural forest wood from groups I to III:

a. A fine of 700,000 VND/m³ to 1,000,000 VND/m³ when the violation is up to 4m³.

b. A fine of 1,000,000 VND/m³ to 1,500,000 VND/m³ when the violation exceeds 4m³ to 10m³ .

c. A fine of 1,500,000 VND/m³ to 2,000,000 VND/m³ when the violation exceeds 10m³ to 15m³.

3. For rare natural forest wood from group IIA:

a. A fine of 1,500,000 VND/m³ to 2,000,000 VND/m³ when the violation is up to 3m³.

b. A fine of 2,000,000 VND/m³ to 2,500,000 VND/m³ when the violation exceeds 3m³ to 6m³.

c. A fine of 2,500,000 VND/m³ to 3,000,000 VND/m³ when the violation exceeds 6m³ to 10m³.

4. A fine of 80,000 VND/ste to 100,000 VND/ste for firewood from natural forests.

5. For other forest products:

a. A fine of 80,000 VND to 100,000 VND per 100,000 VND value of ordinary other forest products.

b. A fine of 120,000 VND to 200,000 VND per 100,000 VND value of rare other forest products from group IIA.

6. A person violating the provisions of this Article, in addition to being fined, shall also have the wood, firewood, and other forest products confiscated according to the provisions of Article 32 of this Decree.

Article 19. Illegally transporting forest products:

The act of the person operating the vehicle and the owner of the forest products using that vehicle to transport forest products without legal documentation or with legal documentation but incorrect compared to the documentation, shall be punished as follows:

1. For the person operating the vehicle:

a. Warning or a fine up to 500,000 VND when using primitive vehicles or animal-drawn carts for the illegal transportation of forest products.

b. Warning or a fine from 500,000 VND to 1,000,000 VND for the operator of various types of vehicles such as farm tractors, automobiles, trains, ships, motorcycles, boats, rafts, or other transportation means when transporting forest products through Forest Protection Stations without stopping for inspection as required by law.

c. A fine from 2,000,000 VND to 10,000,000 VND when using vehicles such as farm tractors, automobiles, trains, ships, motorcycles, boats, rafts, or other transportation means for the illegal transportation of forest products (excluding the type of vehicle specified in point a of this clause).

d. A fine from 11,000,000 VND to 15,000,000 VND when the vehicle used for the illegal transportation of forest products as specified in point c of this clause has one of the following additional violations: using fake license plates; making the vehicle double-decker or double-bottomed; using passenger cars, specialized vehicles, or taking advantage of carrying other goods to conceal forest products.

2. If the person operating the vehicle for the illegal transportation of forest products cannot identify the owner of the forest products, they shall also be treated as the owner of the forest products according to the provisions of Clause 3 of this Article.

3. For the owner of the forest products: punishment shall be carried out according to the provisions of Clauses 2 and 3 of Article 17 (for wildlife) and Article 18 (for wood, firewood, and other forest products) of this Decree.

4. A person violating the provisions of this Article, in addition to being warned or fined, shall also be subject to the following punishments:

a. Revoking the right to use the Permit for Transporting Wild Animals, the Special Transport Permit; revoking the right to use the Driver's License.

b. Confiscating the objects involved in the violation, confiscating the means of transport used in the administrative violation as prescribed in Article 32 of this Decree.

c. Compelling the payment of rescue costs or destruction expenses for injured or dead wild animals, costs for releasing wild animals back into their natural environment.

d. Compelling the transportation of passengers to the designated station or paying the cost of transporting passengers to the station when using a passenger-carrying vehicle to illegally transport temporarily seized forest products for processing.

Article 20. Violation of regulations on processing timber and other forest products:

The act of processing timber and other forest products by the owner of a processing facility without valid extraction and sales documentation, or with valid but inconsistent documentation, shall be subject to penalties:

1. A fine of from VND 1,000,000 to VND 3,000,000 for the owner of a processing facility that does not have a Business Registration Certificate issued by the competent authority.

2. A fine for the owner of a processing facility when processing timber and other forest products for others without valid documentation, or with valid but inconsistent documentation.

a. A fine of from VND 200,000 to VND 300,000 per cubic meter³ when processing ordinary timber groups IV to VIII;³ b. A fine of from VND 300,000 to VND 500,000 per cubic meter

when processing ordinary timber groups I to III;³ c. A fine of from VND 500,000 per cubic meter³ when processing rare timber group IIA;

d. A fine of from VND 40,000 to VND 60,000 per 100,000 VND value of other forest products.³ to 1,000,000 VND/m³ 3. In cases where the owner of the processing facility cannot prove the ownership of the forest products, they will be treated as the owner of the forest products according to Article 18 of this Decree.

4. In addition to fines, violators of the provisions of this Article may also have their means of transport used for the violation confiscated.

Violation of administrative procedures in purchasing, selling, transporting, and storing forest products:

1. A fine of from VND 500,000 to VND 2,000,000 for the owner of a business that purchases and sells forest products without recording them in the legally required inventory books.

Article 21. 2. A fine of from VND 100,000 to VND 200,000 per cubic meter

but not exceeding VND 10,000,000 for the owner of forest products that purchase, sell, or store legally sourced natural forest timber but lack the required procedures and documents.

A fine of from VND 30,000 to VND 50,000 per cubic meter³ but not exceeding VND 5,000,000 if it is legally sourced plantation timber or garden timber lacking the required procedures.³3. A fine of from VND 10,000 to VND 20,000 per 100,000 VND value of forest products, but not exceeding VND 5,000,000 for the owner of forest products that purchase, sell, or store other forest products or legally sourced farmed wildlife lacking the required procedures and documents.

Administrative penalty authority of rangers and heads of forestry inspection agencies at all levels for each violation:³ 1. Forestry inspectors (forestry officials performing official duties) have the authority to issue warnings or impose fines up to VND 100,000, and report to the direct superior for further action.³2. Station chiefs of Forest Inspection Stations, Forest Product Inspection Stations have the authority to issue warnings or impose fines up to VND 2,000,000; confiscate objects and means of transport used in the administrative violation with a value up to VND 10,000,000.

3. District chiefs of Forest Inspection Districts, Forest Product Inspection Districts, National Park Inspection Districts, Nature Reserve Inspection Districts, Mobile Forest Inspection Team leaders have the authority to issue warnings or impose fines up to VND 10,000,000; confiscate objects and means of transport used in the administrative violation with a value up to VND 20,000,000; compel remediation of consequences.

Chapter III

AUTHORITY TO ISSUE ADMINISTRATIVE VIOLATION DECISIONS AND VIOLATION RECORDS

Article 22. 4. Chief of Forest Inspection Departments have the authority to issue warnings or impose fines up to VND 20,000,000; revoke the permits specified in point a, Clause 2, Article 5 of this Decree; confiscate objects and means of transport used in the administrative violation; compel remediation of consequences.

5. Director of the Forest Inspection Department has the authority to issue warnings or impose fines up to VND 30,000,000; revoke the permits specified in point a, Clause 2, Article 5 of this Decree; confiscate objects and means of transport used in the administrative violation; compel remediation of consequences.

Authority of the Chairpersons of People's Committees at all levels to impose administrative penalties for violations in forest management, protection, and forest product management:

1. Chairperson of the People's Committee at the commune level has the authority to issue warnings or impose fines up to VND 500,000; confiscate means of transport used in the administrative violation with a value up to VND 500,000; compel remediation of consequences.

2. Chairperson of the People's Committee at the district level has the authority to issue warnings or impose fines up to VND 20,000,000; revoke the permits specified in point a, Clause 2, Article 5 of this Decree; confiscate objects and means of transport used in the administrative violation; compel remediation of consequences.

3. Chairperson of the People's Committee at the provincial level has the authority to issue warnings or impose fines up to VND 30,000,000; revoke the permits specified in point a, Clause 2, Article 5 of this Decree; confiscate objects and means of transport used in the administrative violation; compel remediation of consequences.

Article 23. 4. Forestry inspection agencies at all levels in localities are responsible for advising and assisting People's Committees at all levels in reviewing and deciding on administrative penalties and organizing the implementation of such decisions.

Delegation of authority to impose administrative penalties:

In cases where the authorized person to impose administrative penalties as stipulated in Clauses 3, 4, and 5 of Article 22 and Article 23 of this Decree is absent, the deputy or delegatee shall exercise the authority of the head and bear legal responsibility for the decisions made.

Determination of authority to impose administrative penalties:

4. The forestry inspection agencies at all levels in localities shall be responsible for advising and assisting the People's Committees at all levels in considering and deciding administrative penalties and organizing the implementation of such penalty decisions.

"d) Within no more than one working day from the date of receiving the dossier submitted for administrative procedures by the specialized agency assigned by the Provincial People's Committee, the Chairman of the Provincial People's Committee shall issue a notification of the result of the inspection of plant-based food exports or a certificate at the request of the importing country.". Delegation of authority to impose administrative penalties:

In cases where the authorized person to impose administrative penalties as stipulated in Clauses 3, 4, and 5 of Article 22 and Article 23 of this Decree is absent, such authority may be delegated to the deputy head, who shall implement according to the authority of the head and bear legal responsibility for the decisions made within the scope of the delegation.

Article 25. Determination of authority to impose administrative penalties:

Competent authorities such as People's Police, Customs, Taxation, Market Management, Specialized Inspectors shall closely coordinate with Forest Rangers in inspecting, auditing, and preventing administrative violations in forest management, forest protection, and timber management; when discovering violations, they shall prepare records, transfer files and evidence to the Forest Rangers for handling according to the law. The Forest Rangers receiving the case files shall be responsible for paying reasonable costs incurred during the arrest and preservation of evidence from the transferring authority.

In cases where a person simultaneously commits multiple administrative violations under the jurisdiction of different sectors, all violation case files shall be transferred to the People's Committee at the location where the violation occurred for handling.

Article 26. Handling cases exceeding the penalty imposition authority:

When the amount of fines imposed on a violation or the value of the objects involved in the violation exceeds the authority's jurisdiction, the Forest Ranger agency must prepare and transfer the complete case file to the competent authority for handling within the prescribed time limit. As for seized timber and means of transportation, the authority issuing the seizure decision shall be responsible for preserving them at the place of detention until the competent authority issues a penalty decision. After the penalty decision is issued, the Forest Rangers shall implement it accordingly.

Chapter IV

PROCEDURES FOR ADMINISTRATIVE SANCTIONS

AND APPLY PREVENTIVE MEASURES

Article 27. Cease illegal acts:

Upon discovering administrative violations as stipulated from Article 6 to Article 24 of this Decree or activities of individuals or organizations that pose a risk of causing forest fires, damaging forest trees, forestry land, or polluting the forest environment, the authorized authority shall immediately issue orders to cease these activities; for forest rangers, after issuing the cessation order, they must report immediately to their direct superiors to issue a cessation decision.

Article 28. Prepare administrative violation records:

a. The authorized authority, upon discovering violations of laws on forest management, forest protection, and timber management, must promptly prepare administrative violation records in accordance with Article 54 of the Administrative Violations Handling Ordinance, except in cases of simple procedure penalties as provided for in Article 55 of the Administrative Violations Handling Ordinance.

b. In cases where the forest owner catches someone committing illegal logging within their managed forest area, they have the right to detain, record the violation, and escort the violator to the Forest Rangers office or the People's Committee of the village where the violation occurred for handling according to this Decree.

After preparing the initial violation record, if there is insufficient evidence, the authorized authority must immediately conduct investigations, verifications, and prepare verification records.

Article 29. Apply preventive measures:

In cases where immediate action is necessary to prevent administrative violations or to ensure effective handling of violations, the Forest Rangers may apply the following preventive measures:

1. Temporary detention of persons and body searches according to administrative procedures, implemented in accordance with Articles 44, 45, and 47 of the Administrative Violations Handling Ordinance.

2. Temporary detention of objects and means of administrative violations, implemented in accordance with Article 46 of the Administrative Violations Handling Ordinance.

3. Inspection of transport vehicles and items.

When there is evidence indicating that forest products are concealed within transport vehicles, bags, sacks, or containers, the Head of the Forest Ranger Station or the Leader of the Mobile Forest Ranger Team may directly instruct forest rangers to carry out inspections and controls of forest products using flags, signals, whistles, and flashlights to signal drivers of transport vehicles on roads and waterways to stop for inspection. The inspection of vehicles and items shall be carried out in accordance with Article 48 of the Administrative Violations Handling Ordinance.

4. Inspection of places concealing forest products and means of administrative violations.

The Head of the Forest Ranger Station or the Leader of the Mobile Forest Ranger Team has the authority to decide on inspecting forest scenes, places concealing forest products, and means of administrative violations in accordance with Article 49 of the Administrative Violations Handling Ordinance.

Article 30. Penalty Decision:

1. After determining the nature and degree of the violation, the authorized authority must base their decision on the factors specified in Clauses 1 and 3 of Article 3 of this Decree to determine the form and level of penalty for each violation.

2. Determining the amount of fine.

a. The average fine amount applies to administrative violations without mitigating or aggravating circumstances; it is determined by adding the highest and lowest amounts for each violation and dividing by two.

b. For administrative violations where the fine amount is determined based on the number of trees, 100,000 VND per unit of timber value, the calculation method is as specified in Sub-clause a of Clause 2 of this Article, then multiplied by the area, volume, number of trees, or timber value of the violation.², m³If the violator has mitigating or aggravating circumstances, the fine amount will be adjusted accordingly but not less than the lowest amount of the fine range multiplied by the area, volume, number of trees, or timber value of the violation, nor more than the highest amount of the fine range multiplied by the area, volume, number of trees, or timber value of the violation.

3. The decision to impose penalties and the application of penalty procedures as stipulated in Articles 56 and 57 of the Administrative Violations Handling Ordinance.

The deadline for issuing a penalty decision is 10 days from the date of recording the administrative violation; for complex cases, the deadline does not exceed 30 days. If additional time is needed for investigation and evidence collection, the authorized authority must submit a written report to their direct superior requesting an extension; the extension period does not exceed 30 days. The extension provisions are as follows:

The Head of the Forest Ranger Station may extend the request of the Forest Ranger Station Leader under their jurisdiction.

The Forest Ranger Station Head extends the proposal of the Forest Ranger Station Chief under his/her jurisdiction.

The Head of the Forest Protection Service extends the proposal of the Mobile Forest Protection Team Leader, the Forest Protection Station Leader, the Forest Product Inspection Station Leader under the Forest Protection Service, the Forest Protection Station Leader of national parks and nature reserves.

The Chairman of the People's Committee of the district extends the proposal of the Chairman of the People's Committee of the commune.

The Chairman of the People's Committee of the province extends the proposal of the Head of the Forest Protection Service and the Chairman of the People's Committee of the district.

The Minister of Agriculture and Rural Development extends the proposal of the Director of the Forest Protection Department.

The maximum time limit for issuing a penalty decision shall not exceed sixty days. If exceeding this period, the competent authority to impose penalties shall not issue a penalty decision but may still apply measures to remedy consequences as stipulated in Clause 3, Article 5 of this Decree.

4. In cases where supplementary sanctions (such as revoking licenses such as driver’s license, hunting firearm permit, business registration certificate, etc.) fall within the jurisdiction of another agency, within ten days from the date of the penalty decision, the administrative penalty authority must transfer to the competent agency a certified copy of the violation record, the administrative penalty decision, along with the original copies of the aforementioned licenses, together with a request for the competent agency to issue a decision on handling. Within ten days from the date of receipt of the request and accompanying documents, the competent agency must issue a decision on revocation or recovery of the licenses and notify the transferring agency and the issuing agencies of these licenses.

Article 31. Collection and payment of fines:

The person violating administrative regulations who is fined must pay the fine at the place specified in the penalty decision and receive a receipt for the fine payment. The collected fines must be deposited into the state budget through an account opened at the State Treasury.

In cases of simple procedures for fines imposed in remote areas, the violator may pay the fine directly to the authority issuing the penalty decision. Within three days, the person collecting the fine must deposit it into their unit's fund to be paid into the state budget.

Article 32. Seizure of contraband items and means of transportation used for administrative violations:

Principles for handling illegal timber seizures and means of transportation used for violations are as follows:

1. For timber:

a. Seize all timber that has been harvested, bought, stored, or transported without valid documentation proving legal origin.

b. Seize logs whose dimensions or volume exceed the permissible error ratio as prescribed, or whose species differ from those stated in the documentation.

c. Seize wild animals without legal hunting, buying, or transporting origins, or with legal documentation but issued illegally by authorized authorities.

2. Do not seize means of transportation used for illegal timber transport, but return them to the rightful owner after ninety days of temporary detention if the violation falls under one of the following circumstances:

a. The means of transportation was seized and used illegally by individuals or organizations committing administrative violations.

b. The violator or the owner of the means of transportation has at least two mitigating circumstances and is a first-time offender, with the quantity or value of the illegally transported timber not exceeding twice the lowest level specified in Sub-item g, Clause 3 of this Article.

3. Apart from Clause 2 of this Article, means of transportation used for illegal timber transport will be seized if the violation falls under one of the following circumstances:

a. Organized violation.

b. Repeated violation or recidivism.

c. The driver of the means of transportation resists law enforcement officers.

d. Modifying vehicles to have double compartments, double bottoms, double roofs, or using unregistered vehicles to transport illegal timber.

đ. The owner of the means of transportation is also the driver or the cargo owner when transporting one of the types of timber specified in Sub-item g, Clause 3 of this Article.

e. The owner of the means of transportation contracts or permits others to drive the vehicle, which transports one of the types of timber specified in Sub-item g, Clause 3 of this Article.

g. Means of transportation used for illegal timber transport (as specified in Sub-items c, d, đ, Clause 3 of this Article) will be seized when the quantity or value of the illegal timber is determined to be at the levels as follows:

Precious and rare wildlife plants and animals of Group IA, IB valued at VND 1,000,000 or more (in cases where the case file is returned for administrative handling after being transferred for criminal prosecution).

Precious timber of Group IIA with a length of 0.3 meters or more or other precious forest products valued at VND 1,500,000 or more.³ or other forest products of rare value worth 1,500,000 dong or more.

Common timber of Groups I to III with a length of 0.5 meters or more or common timber of Groups IV to VIII with a length of 1 meter or more or other forest products valued at VND 5,000,000 or more.³ or ordinary wood groups IV to VIII from 1m³ or other forest products worth 5,000,000 dong or more.

Precious and rare wildlife of Group IIB valued at VND 1,000,000 or more, or common wildlife valued at VND 1,500,000 or more.

4. When a forest owner (state-owned forestry enterprises, organizations, households, individuals) discovers and apprehends someone committing a violation causing damage to the forest they manage, they can temporarily detain the contraband items and means of transportation and escort the violator to the nearest Forest Protection Agency or the People's Committee of the commune where the violation occurred to prepare a record and handle the situation.

After handling administrative violations, the competent authority shall return the contraband items to the forest owner in the following cases:

a. The forest owner catches someone cutting down or harvesting timber illegally within the area they manage.

b. The forest owner does not catch the violator on the spot but has sufficient evidence to prove that the contraband items belong to planted forests or natural regeneration forests funded and maintained by the forest owner.

In cases where the contraband items are natural timber and the forest owner does not catch the violator, the authority imposing the penalty will not return the contraband items to the forest owner but will decide to recover the contraband items and turn them over to the state treasury according to current regulations.

Article 33. The implementation of penalty decisions, enforcement of penalty decisions, and the statute of limitations for implementing administrative penalty decisions shall be carried out in accordance with the provisions of Articles 64, 65, 66, and 67 of the Administrative Violation Handling Ordinance.

Article 34. Handling contraband items and means of transportation used for administrative violations:

1. For live items, wild animals that are weak or injured but not in group IB, or other forest products that are still fresh but not in group IA, the authorized person prescribed in Clauses 3, 4, and 5 of Article 22 and Article 23 of this Decree shall prepare a record and immediately sell them at the price set by the Provincial People's Committee. The proceeds shall be deposited into an account opened at the State Treasury. If the items are subsequently confiscated according to the decision of the authorized person, after deducting expenses as provided by law, the remaining amount shall be submitted to the state budget; if the items are not confiscated, the proceeds must be returned to the owner, manager, or lawful user.

2. For forest products and administrative violation vehicles that are confiscated, the forestry inspection agency has the responsibility to store them properly, prevent loss or damage, and handle them as follows:

a. For injured or weak wild animals that have the ability to recover, they shall be handed over to rescue centers for care and recovery before being released back into their natural environment; for healthy wild animals, they shall be organized to be released into a suitable natural environment.

For wild animals in groups IB and IIB that are injured or weak and unable to be released back into their natural environment, or for products derived from them, the Chairman of the Provincial People's Committee shall decide on the handling measures.

b. In cases where wild animal species can be bred in captivity or wild animals that are not rare species with high costs for releasing them into the natural environment, they shall be sold according to the regulations of the Provincial People's Committee.

c. For substandard vehicles beyond their service life, the authorized person for administrative violations shall cooperate with the financial agency at the same level to prepare a record for selling scrap or destroying them.

d. For items or vehicles not specified in Clause 1 or Points a, b, c of Clause 2 of this Article, they shall be auctioned within one month and in accordance with Clause 1 of Article 61 of the Administrative Violation Handling Ordinance.

3. Storage fees, wharfage fees, preservation fees for items and vehicles involved in administrative violations, and other expenses consistent with the provisions of the law shall be deducted from the proceeds from the sale of items and vehicles, and administrative penalties.

In cases where items or vehicles involved in administrative violations must be destroyed or released into the natural environment, and the proceeds from administrative penalties and the sale of confiscated items and vehicles are insufficient to cover the costs, additional funds may be drawn from the fund for preventing illegal logging and transportation of forest products.

In cases where items or vehicles involved in administrative violations are not subject to confiscation, the forest product owner or vehicle owner must pay storage fees, wharfage fees, preservation fees for items and vehicles involved in administrative violations, and other expenses consistent with the provisions of the law.

Chapter V

COMPLAINTS, REPORTS, AND HANDLING OF VIOLATIONS

Article 35. Complaints and reports:

1. Handling complaints.

The person who is administratively penalized or against whom measures to ensure the handling of administrative violations are applied, if they disagree with such decisions, have the right to file a complaint with the person issuing the administrative penalty decision.

The authorized person for administrative penalties, upon receiving a complaint, shall have the responsibility to respond in writing to the complainant regarding whether the administrative penalty decision will be maintained or changed.

If the complainant still disagrees with the decision made by the authorized person for administrative penalties, they have the right to submit a complaint to the superior agency directly above the person issuing the administrative penalty decision or to initiate a lawsuit in the Administrative Court.

As follows:

a. The Forest Inspector General, the Forest Protection Station Director, the Forest Protection Station Director (under the Forest Inspection Branch), the Mobile Forest Inspection Team Leader, the National Park Forest Inspector General, and the Nature Reserve Forest Inspector General shall resolve complaints about their own administrative penalty decisions, administrative actions, and those of their forest inspectors, Forest Station Directors, and Forest Protection Station Directors under their management.

b. The Chairman of the Commune People's Committee shall resolve complaints about their own administrative penalty decisions and administrative actions.

c. The Chairman of the District People's Committee shall resolve complaints about their own administrative penalty decisions and administrative actions, and subsequent complaints from the Chairman of the Commune People's Committee who have resolved but still have complaints; the resolution of complaints must be sent to the complainant, the person complained against, the interested parties, and the Provincial People's Committee.

d. The Forest Inspection Branch Director shall resolve complaints about their own administrative penalty decisions and administrative actions, those of their directly managed forest inspectors, and subsequent complaints from the Forest Inspector General, the Forest Protection Station Director, the Forest Protection Station Director (under the Forest Inspection Branch), the Mobile Forest Inspection Team Leader, the National Park Forest Inspector General, and the Nature Reserve Forest Inspector General who have resolved but still have complaints.

The Forest Inspection Branch Director shall have the responsibility to send the decision on resolving complaints to the complainant, the person complained against, the interested parties, and the Provincial People's Committee.

e. The Chairman of the Provincial People's Committee shall resolve complaints about their own administrative penalty decisions and administrative actions, and subsequent complaints from the Chairman of the District People's Committee and the Forest Inspection Branch Director who have resolved but still have complaints; in the case of resolving subsequent complaints, it is the final decision.

The Chairman of the Provincial People's Committee shall have the responsibility to send the decision on resolving complaints to the complainant, the person complained against, and the interested parties. If it is the first decision, it shall be sent to the Minister of Agriculture and Rural Development; if it is the final decision, it shall be sent to the State Inspector General.

f. The Chief of the Forest Inspection Department shall resolve complaints about their own administrative penalty decisions and administrative actions, and those of their directly managed forest inspectors.

g. The Minister of Agriculture and Rural Development shall resolve complaints from the Chairman of the People's Committee at the provincial level who has resolved them for the first time, and from the Director of the Forest Protection Department who has resolved them but still have complaints; this is the final decision on resolving complaints.

The Minister of Agriculture and Rural Development shall be responsible for sending the decision on resolving complaints to the complainant, the person complained against, the interested parties, and the State Inspector General.

The person responsible for resolving complaints within their authority must comply with the procedures and formalities prescribed in the Law on Complaints and Petitions.

2. Resolving Petitions.

- The person authorized to impose administrative penalties as stipulated in Article 22 and Article 23 of this Decree shall be responsible for resolving petitions regarding organizations and individuals violating state regulations on forest management, forest protection, and forest product management in the areas they manage.

- Petitions concerning civil servants under their management shall be resolved by that level according to the provisions of the Law on Complaints and Petitions.

Article 36. Handling violations by persons authorized to handle administrative offenses.

Persons authorized to impose administrative penalties who harass, tolerate, shield, fail to penalize promptly, incorrectly, exceed their authority in imposing penalties, misappropriate or misuse funds, contraband items, or means of violation, thereby hindering the production and circulation of forest products, shall be subject to disciplinary action or criminal prosecution depending on the nature and severity of the violation; if material damage is caused, compensation must be provided in accordance with the law.

Chapter VI

IMPLEMENTING PROVISIONS

Article 37. This Decree shall take effect fifteen days after its publication in the Official Gazette.

This Decree replaces Government Decree No. 77/CP dated November 29, 1996 on administrative penalties in the field of forest management, forest protection, and forest product management, and Government Decree No. 17/2002/NĐ-CP dated February 8, 2002 amending and supplementing certain articles of Government Decree No. 77/CP.

Article 38. The Minister of Agriculture and Rural Development shall be responsible for organizing, directing, and implementing this Decree. In case of difficulties during implementation, guidance shall be provided to ensure uniform compliance with the law.

Article 39. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree.