Decree No. 157/2013/NĐ-CP on administrative penalties for forest management, forest development, forest protection, and timber management.

DECREE

Article 24provides for administrative penalties for forest management,

development, protection, and forest product management,

_________________

Pursuant to the Law is agencies and organizations registered to participate in the System with one or more roles as follows: approved by the Government on December 25, 2001;

Pursuant to the Law Bprotecting and developing forests on December 3, 2004;

Pursuant to the Law Xđổ reason vi Handling Law dated June 20, 2012"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."The Government promulgates this Decree stipulating the National Database on Administrative Offense Handling.

At the proposal of the Minister of Agriculture and Rural Development, trLegal Affairs Department;

the Government issues this Decree providing for administrative penalties for violations related to forest management, development, protection, and forest product management."b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."This Decision does not regulate wild animals and plants in the List of Rare and Precious Species Prioritized for Protection as prescribed by the Government. reason This Decree applies to violations of administrative regulations concerning forest management, development, protection, and forest product management.,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates acts of violation, forms of penalty, levels of penalty, measures to rectify consequences of administrative violations, authority to impose penalties, and authority to issue administrative violation records regarding forest management, development, protection, and forest product management.

1. Organizations and individuals committing administrative violations related to plant seeds, plant protection, and plant quarantine within the territory of Vietnam.

This Decree applies to individuals and organizations that commit administrative violations related to forest management, development, protection, and forest product management.

Article 3. Explanation of Terms

In this Decree, certain terms are understood as follows:

1. Forest rangers are civil servants belonging to the forest ranger categories within the forest ranger force.

2. Forest products are products extracted from plants, animals, microorganisms, and their parts or derivatives originating from forests (including indigenous or non-indigenous aquatic animals that have been permitted by competent authorities to be raised or released in ponds, lakes, rivers, streams within forests).

3. Roundwood includes raw logs, peeled roundwood, and peeled core wood with a small end diameter of 10 cm to less than 20 cm and a length of 1 meter or more, or a small end diameter of 20 cm or more and a length of 30 cm or more. For plantation forests, mangrove forests, melaleuca forests, and brackish water forests, the small end diameter must be 6 cm or more and a length of 1 meter or more. For rare, precious, and endangered species of wood, regardless of size.

4. Firewood is extracted from woody forest plants and is a part of them with dimensions smaller than those specified for roundwood under Clause 3 of this Article or waste materials resulting from processing.

5. Forest plants group IA, IIA; forest animals group IB, IIB are rare, precious, and endangered forest plant and animal species as prescribed by the Government.

6. Evidence and means of administrative violations include:

a) Forest products harvested, purchased, sold, transported, stored, processed, or traded contrary to the provisions of the law.

b) Tools and objects used to carry out acts of administrative violations.

c) Means including: All types of road motor vehicles, motorcycles, bicycles, simple vehicles, draft animals, watercraft, canoes, boats, and other means used to transport forest products illegally.

7. Means of transportation wrongfully appropriated by the person committing the administrative violation refers to cases where the legitimate owner's means of transportation is stolen, robbed, forcibly seized, or improperly taken advantage of due to the owner's inability to prevent it, thereby openly appropriating it (open appropriation) or other illegal acts depriving the legitimate owner of possession, control, and use of such means of transportation.

8. Means of transportation wrongfully used by the person committing the violation falls under one of the following circumstances:

a) The legitimate owner of the means of transportation leases, lends, or hires someone else to operate the means of transportation for legitimate purposes, but the lessee, borrower, or operator uses the means of transportation for administrative violations without authorization.

b) The legitimate owner of the means of transportation or the lawful manager of leased means of transportation hands over the means of transportation to employees for legitimate production or business purposes, but the employees use the means of transportation for administrative violations without authorization.

Leasing, lending, or hiring someone to operate the means of transportation must be concluded in writing between the legitimate owner and the lessee, borrower, or operator before the act of violation occurs. The agreement must clearly state the purpose and content of the use of the leased or lent means of transportation or the hired operator. For individuals leasing, lending, or hiring operators, the agreement must be confirmed by the People's Committee of the commune; within 48 hours from when the means of transportation is temporarily detained, the person transporting forest products illegally must present the agreement to the competent authority handling the case.

Article 4. Measures to remedy consequences

In addition to the measures to remedy consequences specified in Points a, b, c, đ, i Clause 1 Article 28 of the Law on Handling Administrative Violations, this Decree stipulates the following measures to remedy consequences:

1. Compel replanting of forests or payment of costs for replanting forests according to the investment cost applied in the locality at the time of administrative violation.

2. Compel return of forest areas that have been encroached upon or occupied.

3. Compel immediate implementation of land restoration.

Article 5. Units of measurement for determining damage caused by acts of administrative violations

1. Forest area measured in square meters (m²).

2. Volume of wood measured in cubic meters (m³); determine the volume of wood in accordance with regulations on management and marking of trees, forestry inspections issued by the Ministry of Agriculture and Rural Development. When imposing administrative penalties, convert to roundwood. Convert sawn timber and processed wood to roundwood by multiplying by a factor of 1.6.

For tree trunks, roots, wood with complex shapes; branches, shade trees, ancient trees including roots, trunks, branches, leaves where it is not possible to measure diameter or length to determine volume, weigh by unit of kilograms (kg) and convert every 1,000 kg to 1 m³ roundwood or measure, calculate by unit of ster and convert every 1 ster to 0.7 m³ roundwood.

3. The quantity of wild animals is determined by the number of individuals and weight by unit of kg; in cases where the number of individuals cannot be determined, weigh by unit of kg.

For parts and derivatives of wild animals and plants, determine volume by weighing by unit of kg or by volume by unit of milliliters (ml) for liquid parts and derivatives of wild animals.

4. The quantity of non-wood forest products is determined by weight by unit of kg.

Article 6. Handling of evidence of administrative violations

1. Evidence of administrative violations temporarily detained

a) For live items, weak or injured wild animals not belonging to Group IB or other fresh forest products not belonging to Group IA, the authorized authority shall prepare a record and organize immediate sale at the local market price at the time of sale. Proceeds from the sale shall be deposited into a temporary holding account opened by the authority or unit of the authorized authority at the State Treasury. If the evidence is subsequently confiscated according to the decision of the authorized authority, after deducting expenses as prescribed by law, the remaining amount shall be paid into the state budget; if the evidence is not confiscated, the proceeds from the sale must be returned to the owner, manager, or lawful user.

In cases where wild animals die or become diseased, causing environmental pollution and other measures cannot be implemented except for destruction, and the violator does not voluntarily carry out destruction or the violator cannot be identified, a Destruction Committee shall be established. The Destruction Committee consists of: Head of the authority issuing the detention decision, representative of the financial agency at the same level, veterinary agency. Costs for destroying unclaimed or abandoned evidence of administrative violations shall be covered by the state budget.

b) For forest products and means of transport without owners after the legal period for finding lawful owners has expired, they shall be confiscated for state funds.

2. Evidence of administrative violations confiscated

a) Wild animals confiscated as evidence of administrative violations shall be handled according to regulations set forth by the Ministry of Agriculture and Rural Development.

b) Evidence of administrative violations confiscated outside the provisions of Point a of this Clause shall be handled according to Article 82 of the Law on Handling Administrative Violations.

Article 7. Application of Administrative Offense Penalties

1. The monetary fines stipulated in Chapter II of this Decree shall be applied to individuals; for organizations committing the same violation with the same level of severity, the monetary fine shall be twice the amount of the fine imposed on individuals.

2. The following violations (excluding the act of breeding wild animals in group IB) may be considered for criminal liability pursuit:

a) Violations causing consequences exceeding the maximum administrative offense penalty levels specified in Articles 12, 16, 20; violations causing consequences where the evidence is wild plants in group IA or wild animals in group IB exceeding the maximum administrative offense penalty levels specified in Articles 21, 22, 23; illegal transportation and sale of timber exceeding the maximum administrative offense penalty levels specified in Articles 22, 23 of this Decree.

b) Illegal deforestation causing damage to multiple types of forests (production forests, protective forests, special-use forests) where the area damaged for each type of forest does not exceed the maximum administrative offense penalty levels specified in this Decree, but the total area damaged across all types of forests exceeds the maximum damage level specified for administrative offense penalties for production forests under Article 20 of this Decree.

c) Illegally exploiting, transporting, and selling precious and rare wood, common wood, where the volume of each type of wood does not exceed the maximum administrative offense penalty levels specified for each type, but the total volume of the various types of wood violated: group IA and group IIA or group IA and common wood or both group IA, IIA and common wood exceeds the maximum administrative offense penalty levels specified for group IIA wood; group IIA and common wood exceeds the maximum administrative offense penalty levels specified for common wood.

d) Individuals who have been administratively penalized for violations stipulated in Articles 12, 20; illegal transportation and sale of timber stipulated in Articles 22, 23 of this Decree, and then commit these violations again.

3. For administrative offenses involving wild plants and animals listed in Appendices I and II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) but not included in the List of Precious and Rare Wild Plants and Animals as prescribed by the Government's regulations on management of precious and rare wild plants and animals, the handling shall be as follows:

a) For violations involving species listed in Appendix I, handle the violations as if they were concerning precious and rare wild plants and animals in groups IA and IB.

b) For violations involving species listed in Appendix II, handle the violations as if they were concerning precious and rare wild plants and animals in groups IIA and IIB.

4. In cases where a criminal case has been initiated due to a violation of the law, but later discontinued and the competent authority requests the transfer to administrative offense penalties, the corresponding administrative offense penalties shall be applied according to the provisions of this Decree.

5. In cases where an administrative offense involves multiple types of forest products including both common and precious/rare wood (not covered by Point c Clause 2 of this Article); common and endangered wild animals; wood and wild animals (not reaching the level requiring criminal responsibility pursuit), the fine shall be determined separately for each type of forest product, then aggregated to form the total fine for the administrative offense.

6. For violations against forests that have been planned for other purposes, but have not yet been officially decided by the competent state authority to change their purpose, the handling shall be according to the regulations applicable to the corresponding type of forest before being planned for other purposes.

7. For violations against forest products discovered by the forest owner, the forest owner shall collect evidence and promptly report to the competent authority to record and handle the administrative offense according to the provisions of this Decree.

Seized forest products returned to the forest owner shall fall into one of the following cases:

a) The forest owner catches the violator red-handed within their forest boundary.

b) The forest owner does not catch the violator red-handed, but has sufficient evidence to prove that the forest products belong to the planted forest funded by the forest owner.

Chapter II

ACTS OF ADMINISTRATIVE VIOLATION, FORMS OF ADMINISTRATIVE PENALTY AND MEASURES TO REMEDY CONSEQUENCES

Section 1

VIOLATIONS OF FOREST MANAGEMENT AND USE REGULATIONS

Article 8. Encroachment on Forests

A person who commits the act of moving boundary markers of forests to illegally occupy and use another forest owner's or the State's forests shall be punished as follows:

1. A fine of VND 2,000,000 to VND 10,000,000 for the act of encroaching on forests illegally in one of the following cases:

a) Planting trees that have not yet formed a forest or reforestation areas in state of forest type 1c, with an encroached area under 20,000 square meters².

b) Production forests under 6,000 square meters².

c) Protective forests under 5,000 square meters².

d) Special-use forests under 4,000 square meters².

2. A fine of VND 10,000,000 to VND 20,000,000 for the act of encroaching on forests illegally in one of the following cases:

a) Planting trees that have not yet formed a forest or reforestation areas in state of forest type 1c from 20,000 square meters² to 30,000 square meters².

b) Production forests from 6,000 square meters² to 10,000 m².

c) Protective forests from 5,000 square meters² to 7,000 square meters².

d) Special-use forests from 4,000 square meters² to 5,000 square meters².

3. A fine of VND 20,000,000 to VND 30,000,000 for the act of encroaching on forests illegally in one of the following cases:

a) Planting trees that have not yet formed a forest or reforestation areas in state of forest type 1c from over 30,000 square meters² to 50,000 square meters².

b) Production forests from over 10,000 square meters² to 20,000 square meters².

c) Protective forests from over 7,000 square meters² to 15,000 square meters².

d) Special-use forests from over 5,000 square meters² to 10,000 m².

4. A fine of VND 30,000,000 to VND 50,000,000 for the act of encroaching on forests illegally in one of the following cases:

a) Planting trees that have not yet formed a forest or reforestation areas in state of forest type 1c from over 50,000 square meters².

b) Production forests from over 20,000 square meters².

c) Protective forests from over 15,000 square meters².

d) Special-use forests from over 10,000 square meters².

5. Measures to remedy consequences:

Compel the application of remedial measures prescribed in Clause 2, Article 4 of this Decree for the acts prescribed in Clauses 1, 2, 3, and 4 of this Article.

6. A person who commits the act of encroaching on forestry land shall be handled according to the provisions of the law on land.

Article 9. Illegally Exploiting Scenic Beauty, Environment, and Forestry Services

A person who commits the act of illegally exploiting scenic beauty, environment, and forestry services shall be punished as follows:

1. Warning or a fine of VND 50,000 to VND 200,000 for organizing illegal sightseeing tours within forests.

2. A fine of VND 200,000 to VND 5,000,000 for the act of illegally constructing cemeteries or graves within forests.

3. A fine of VND 5,000,000 to VND 20,000,000 for the act of organizing illegal production, service provision, or business operations within forests.

4. Measures to remedy consequences

a) Compel the application of remedial measures prescribed in Point b, Clause 1, Article 28 of the Law on Administrative Violations and Clause 2, Article 4 of this Decree for the act prescribed in Clause 2 of this Article.

b) Compel the application of remedial measures prescribed in Points b and c, Clause 1, Article 28 of the Law on Administrative Violations for the act prescribed in Clause 3 of this Article.

Article 10. Violation of Regulations on Timber Harvesting Design

A person violating regulations on timber harvesting design shall be punished as follows:

1. Fine from VND 3,000,000 to VND 5,000,000 for one of the following acts:

a) The designed volume of timber harvesting deviates from reality (the verified harvested volume compared to the volume in the harvesting design file) in a large forest plot by more than 15% but less than 20%.

b) Marking trees incorrectly outside the designated harvesting area.

2. A fine of VND 5,000,000 to VND 15,000,000 for one of the following acts:

a) The actual area of timber harvesting deviates from the design map.

b) The designed volume of timber harvesting deviates from reality (the verified harvested volume compared to the volume in the harvesting design file) in a large forest plot by more than 20%.

Article 11. Violations of wood harvesting regulations

A person who engages in wood harvesting activities not in accordance with prescribed procedures, formalities, and technical requirements as approved by competent authorities shall be subject to penalties as follows:

1. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for any of the following violations:

a) Failure to comply with the procedures for transferring and receiving harvesting files and sites as stipulated by current State regulations.

b) Failure to implement or improper implementation of designs for clearing vines before harvesting, post-harvest forest sanitation, and other technical measures to ensure forest regeneration.

2. A fine of VND 5,000,000 to VND 15,000,000 for one of the following acts:

a) Failure to cut diseased, deformed trees marked for cutting; failure to fully collect branches, broken trees during natural forest harvesting according to approved designs.

b) Opening transport routes and concentrating wood piles at incorrect locations compared to the design. In cases where opening transport routes and concentrating wood piles cause damage to the forest, penalties shall be imposed in accordance with Article 20 of this Decree.

3. Harvesting wood outside the designated plot or cutting trees without marks indicating they should be cut shall be penalized in accordance with Article 12 of this Decree.

4. Additional forms of punishment

Suspension of wood harvesting activities as provided in Clauses 1 and 2 of this Article for a period of six to twelve months.

Article 12. Unauthorized Forest Harvesting

A person who extracts forest products from a forest without permission from the competent State authority or who has been granted permission but fails to comply with the prescribed conditions shall be subject to penalties as follows:

1. Unauthorized harvesting of production forests

a) For non-endangered, rare, or precious timber species:

- A fine of VND 600,000 to VND 1,000,000 for unauthorized harvesting less than 0.3 cubic meters³.

- A fine of VND 1,000,000 to VND 7,000,000 for unauthorized harvesting from 0.3 cubic meters³ to 0.5 cubic meters³.

- A fine of VND 7,000,000 to VND 10,000,000 for unauthorized harvesting from more than 0.5 cubic meters³ to 1.5 cubic meters³.

- A fine of VND 10,000,000 to VND 15,000,000 for unauthorized harvesting from more than 1.5 cubic meters³ to 2 cubic meters³.

- A fine of VND 15,000,000 to VND 20,000,000 for unauthorized harvesting from more than 2 cubic meters³ to 4 cubic meters³.

- A fine of VND 20,000,000 to VND 30,000,000 for unauthorized harvesting from more than 4 cubic meters³ to 6 cubic meters³.

- A fine of VND 30,000,000 to VND 50,000,000 for unauthorized harvesting from more than 6 cubic meters³ to 10 m³.

- A fine of VND 50,000,000 to VND 100,000,000 for unauthorized harvesting from more than 10 cubic meters³ to 20 cubic meters³.

b) For timber belonging to endangered, rare, or precious species group IIA:

- A fine of VND 1,000,000 to VND 5,000,000 for unauthorized harvesting less than 0.3 cubic meters³.

- A fine of VND 5,000,000 to VND 7,000,000 for unauthorized harvesting from 0.3 cubic meters³ to 0.5 cubic meters³.

- A fine of VND 7,000,000 to VND 10,000,000 for unauthorized harvesting from more than 0.5 cubic meters³ to 0.7 cubic meters³.

- A fine of VND 10,000,000 to VND 20,000,000 for unauthorized harvesting from more than 0.7 cubic meters³ to 1.5 cubic meters³.

- A fine of VND 20,000,000 to VND 30,000,000 for unauthorized harvesting from more than 1.5 cubic meters³ to 2 cubic meters³.

- A fine of VND 30,000,000 to VND 50,000,000 for unauthorized harvesting from more than 2 cubic meters³ to 3 cubic meters³.

- A fine of VND 50,000,000 to VND 100,000,000 for unauthorized harvesting from more than 3 cubic meters³ to 7 cubic meters³.

- A fine of VND 100,000,000 to VND 200,000,000 for unauthorized harvesting from more than 7 cubic meters³ to 12.5 cubic meters³.

c) For timber belonging to endangered, rare, or precious species group IA:

- A fine of VND 20,000,000 to VND 30,000,000 for unauthorized harvesting less than 0.5 cubic meters³.

- A fine of VND 30,000,000 to VND 40,000,000 for unauthorized harvesting from 0.5 cubic meters³ to 0.7 cubic meters³.

- A fine of VND 40,000,000 to VND 50,000,000 for unauthorized harvesting from more than 0.7 cubic meters³ to 1 cubic meter³.

- A fine of VND 50,000,000 to VND 100,000,000 for unauthorized harvesting from more than 1 cubic meter³ to 1.5 cubic meters³.

- A fine of VND 100,000,000 to VND 200,000,000 for unauthorized harvesting from more than 1.5 cubic meters³ to 2 cubic meters³.

2. Unauthorized harvesting of protective forests

a) For non-endangered, rare, or precious timber species:

- A fine of VND 500,000 to VND 4,000,000 for unauthorized harvesting less than 0.5 cubic meters³.

- A fine of VND 4,000,000 to VND 8,000,000 for unauthorized harvesting from 0.5 cubic meters³ to 1 cubic meter³.

- A fine of VND 8,000,000 to VND 10,000,000 for unauthorized harvesting from more than 1 cubic meter³ to 1.5 cubic meters³.

- A fine of VND 10,000,000 to VND 20,000,000 for unauthorized harvesting from more than 1.5 cubic meters³ to 3 cubic meters³.

- A fine of VND 20,000,000 to VND 30,000,000 for unauthorized harvesting from more than 3 cubic meters³ to 5 cubic meters³.

- A fine of VND 30,000,000 to VND 50,000,000 for unauthorized harvesting from more than 5 cubic meters³ to 8 cubic meters³.

- A fine of VND 50,000,000 to VND 100,000,000 for unauthorized harvesting from more than 8 cubic meters³ to 15 cubic meters³.

b) For timber belonging to endangered, rare, or precious species group IIA:

- A fine of VND 1,000,000 to VND 5,000,000 for unauthorized harvesting less than 0.3 cubic meters³.

- A fine of VND 5,000,000 to VND 7,000,000 for unauthorized harvesting from 0.3 cubic meters³ to 0.5 cubic meters³.

- A fine of VND 7,000,000 to VND 10,000,000 for unauthorized harvesting from more than 0.5 cubic meters³ to 0.7 cubic meters³.

- A fine of VND 10,000,000 to VND 20,000,000 for unauthorized harvesting from more than 0.7 cubic meters³ to 1 cubic meter³.

- A fine of VND 20,000,000 to VND 30,000,000 for unauthorized harvesting from more than 1 cubic meter³ to 1.5 cubic meters³.

- A fine of VND 30,000,000 to VND 50,000,000 for unauthorized harvesting from more than 1.5 cubic meters³ Up to 10 meters³.

- A fine of VND 50,000,000 to VND 100,000,000 for unauthorized harvesting from more than 2.5 cubic meters³ to 5 cubic meters³.

- A fine of VND 100,000,000 to VND 200,000,000 for unauthorized harvesting from more than 5 cubic meters³ to 10 m³.

c) For timber belonging to endangered, rare, or precious species group IA:

- A fine of VND 30,000,000 to VND 50,000,000 for unauthorized harvesting less than 0.5 cubic meters³.

- A fine of VND 50,000,000 to VND 70,000,000 for unauthorized harvesting from 0.5 cubic meters³ to 0.7 cubic meters³.

- A fine of VND 70,000,000 to VND 100,000,000 for unauthorized harvesting from more than 0.7 cubic meters³ to 1 cubic meter³.

- A fine of VND 100,000,000 to VND 200,000,000 for unauthorized harvesting from more than 1 cubic meter³ to 1.5 cubic meters³.

3. Unauthorized harvesting of special-use forests

a) For non-endangered, rare, or precious timber species:

- A fine of VND 1,000,000 to VND 5,000,000 for unauthorized harvesting less than 0.5 cubic meters³.

- A fine of VND 5,000,000 to VND 8,000,000 for unauthorized harvesting from 0.5 cubic meters³ to 0.7 cubic meters³.

- A fine of VND 8,000,000 to VND 12,000,000 for unauthorized harvesting from more than 0.7 cubic meters³ to 1 cubic meter³.

- A fine of VND 12,000,000 to VND 20,000,000 for unauthorized harvesting from more than 1 cubic meter³ to 2 cubic meters³.

- A fine of VND 20,000,000 to VND 30,000,000 for unauthorized harvesting from more than 2 cubic meters³ to 3 cubic meters³.

- A fine of VND 30,000,000 to VND 50,000,000 for unauthorized harvesting from more than 3 cubic meters³ to 5 cubic meters³.

- A fine of VND 50,000,000 to VND 100,000,000 for unauthorized harvesting from more than 5 cubic meters³ to 10 m³.

b) For timber belonging to endangered, rare, or precious species group IIA:

- A fine of VND 2,000,000 to VND 8,000,000 for unauthorized harvesting less than 0.3 cubic meters³.

- A fine of VND 8,000,000 to VND 10,000,000 for unauthorized harvesting from 0.3 cubic meters³ to 0.5 cubic meters³.

- A fine of from 10,000,000 VND to 20,000,000 VND for the act of illegal exploitation exceeding 0.5 meters.³ to 0.7 cubic meters³.

- A fine of from 20,000,000 VND to 30,000,000 VND for the act of illegal exploitation exceeding 0.7 meters.³ to 1 cubic meter³.

- A fine of from 30,000,000 VND to 50,000,000 VND for the act of illegal exploitation exceeding 1 meter.³ to 1.5 cubic meters³.

- A fine of from 50,000,000 VND to 100,000,000 VND for the act of illegal exploitation exceeding 1.5 meters.³ Up to 10 meters³.

- A fine of from 100,000,000 VND to 200,000,000 VND for the act of illegal exploitation exceeding 2.5 meters.³ to 5 cubic meters³.

c) For timber belonging to endangered, rare, or precious species group IA:

- A fine of from 50,000,000 VND to 70,000,000 VND for the act of illegal exploitation below 0.5 meters.³.

- A fine of from 70,000,000 VND to 100,000,000 VND for the act of illegal exploitation at 0.5 meters.³ to 0.7 cubic meters³.

- A fine of from 100,000,000 VND to 200,000,000 VND for the act of illegal exploitation exceeding 0.7 meters.³ to 1 cubic meter³.

4. For forest plants, derivatives, parts thereof; underground coal, anthracite.

a) A fine of from 100,000 VND to 3,000,000 VND for the act causing damage to forestry products with a value under 2,000,000 VND.

b) A fine of from 3,000,000 VND to 5,000,000 VND for the act causing damage to forestry products with a value from 2,000,000 VND to 3,000,000 VND.

c) A fine of from 5,000,000 VND to 10,000,000 VND for the act causing damage to forestry products with a value from over 3,000,000 VND to 6,000,000 VND.

d) A fine of from 10,000,000 VND to 20,000,000 VND for the act causing damage to forestry products with a value from over 6,000,000 VND to 12,000,000 VND.

đ) A fine of from 20,000,000 VND to 30,000,000 VND for the act causing damage to forestry products with a value from over 12,000,000 VND to 18,000,000 VND.

e) A fine of from 30,000,000 VND to 50,000,000 VND for the act causing damage to forestry products with a value from over 18,000,000 VND to 30,000,000 VND.

g) A fine of from 50,000,000 VND to 75,000,000 VND for the act causing damage to forestry products with a value from over 30,000,000 VND to 45,000,000 VND.

h) A fine of from 75,000,000 VND to 100,000,000 VND for the act causing damage to forestry products with a value from over 45,000,000 VND.

5. In cases of illegal logging of young trees whose volume cannot be determined, the area of deforestation shall be measured to impose penalties according to Article 20 of this Decree; for scattered logging where the area cannot be calculated, the number of trees logged shall be counted to impose penalties on violators at 50,000 VND per tree.

6. In cases of illegal logging of scattered wood left on farmland, scattered plantations, illegal harvesting of wood on agricultural land, illegal salvaging of wood lying, floating, or fished illegally from rivers, streams, ponds, lakes, penalties shall be imposed according to Clause 1 of this Article.

7. Additional forms of punishment

One or more of the following supplementary penalties shall be applied:

a) Confiscation of contraband goods for acts prescribed in Clauses 1, 2, 3, 4, 5, and 6 of this Article.

b) Confiscation of simple tools and gasoline chainsaws for acts prescribed in Clauses 1, 2, 3, 4, 5, and 6 of this Article.

c) Confiscation of mechanical equipment for any of the acts prescribed in this Article causing damage as follows: Illegal logging of wood prescribed in Point a Clause 1 exceeding 6 meters³ or at Point a Clause 2 exceeding 5 meters³ or at Point a Clause 3 exceeding 3 meters³; illegal logging of wood prescribed in Point b Clause 1 exceeding 2 meters³ or at Point b Clause 2 exceeding 1.5 meters³ or at Point b Clause 3 exceeding 1 meter³; illegal logging of wood prescribed in Point c Clause 1 at 0.7 meters³ or above or at Point c Clause 2 at 0.5 meters³ or above or at Point c Clause 3 at 0.3 meters³ or more.

d) Suspension of the right to use logging permits for six to twelve months for failing to comply with the contents of the logging permit, resulting in consequences as prescribed in this Article as follows: Illegal logging of wood prescribed in Point a Clause 1 exceeding 6 meters³ or at Point a Clause 2 exceeding 5 meters³ or at Point a Clause 3 exceeding 3 meters³; illegal logging of wood prescribed in Point b Clause 1 exceeding 2 meters³ or at Point b Clause 2 exceeding 1.5 meters³ or at Point b Clause 3 exceeding 1 meter³; illegal logging of wood prescribed in Point c Clause 1 at 0.5 meters³ or above or at Point c Clause 2 at 0.3 meters³ or above or at Point c Clause 3 at 0.1 meters³ or above; illegal logging of wood from two types of forests (production forests, protective forests, special-use forests) causing damage to one type of wood or two types of wood or more (non-critical, rare, precious wood and critical, rare, precious wood) although the volume of illegally logged wood from one type of forest or two types of forests or more or the volume of various types of wood (two types or more) illegally logged from one type of forest has not reached the level of suspension of the right to use logging permits but the total volume of illegally logged wood from damaged forests is as follows: Non-critical, rare, precious wood from 5 meters³ or above; critical, rare, precious wood group IIA from 3 meters³ or above; critical, rare, precious wood group IA from 0.5 meters³ or above or the total volume of illegally logged wood from each type of forest is as follows: Non-critical, rare, precious wood and critical, rare, precious wood group IIA from 3 meters³ or above; non-critical, rare, precious wood and group IA from 1.5 meters³ or above; non-critical, rare, precious wood and critical, rare, precious wood group IIA and group IA from 1.5 meters³ or above; critical, rare, precious wood group IIA and group IA from 0.1 meters³ or more.

8. Measures to remedy consequences

a) Compel the application of remedial measures prescribed in Point i Clause 1 Article 28 of the Law on Handling Administrative Violations; Clause 1 Article 4 of this Decree for acts prescribed in Clauses 1, 2, 3, 4, and 5 of this Article.

b) Compel the application of remedial measures prescribed in Point i Clause 1 Article 28 of the Law on Handling Administrative Violations for acts prescribed in Clause 6 of this Article.

Section 2

VIOLATIONS OF FOREST DEVELOPMENT AND PROTECTION REGULATIONS

Article 13. Violation of regulations on replanting new forests to replace areas of forest converted for other purposes

A person who violates the State's regulations on replanting new forests to replace areas of forest permitted by the State to be converted for other purposes shall be subject to the following penalties:

1. A fine of from VND 10,000,000 to VND 20,000,000 for the act of delaying replanting new forests to replace the area for more than one year with an area of from one hectare to five hectares.

2. A fine of from VND 20,000,000 to VND 50,000,000 in any of the following cases:

a) Delaying replanting new forests to replace the area for more than one year with an area of from more than five hectares to ten hectares.

b) Delaying replanting new forests to replace the area for more than two years with an area of from one hectare to five hectares.

c) Failing to restore the land surface within the prescribed time limit for replanting forests on an area less than one hectare after mineral extraction.

3. A fine of from VND 50,000,000 to VND 100,000,000 in any of the following cases:

a) Delaying replanting new forests to replace the area for more than one year with an area of from more than ten hectares to twenty hectares.

b) Delaying replanting new forests to replace the area for more than two years with an area of from more than five hectares to ten hectares.

c) Delaying replanting new forests to replace the area for more than three years with an area of from more than one hectare to five hectares.

d) Failing to restore the land surface within the prescribed time limit for replanting forests on an area from one hectare to five hectares after mineral extraction.

4. A fine of from VND 100,000,000 to VND 200,000,000 in any of the following cases:

a) Delaying replanting new forests to replace the area for more than one year with an area of from more than twenty hectares to thirty hectares.

b) Delaying replanting new forests to replace the area for more than two years with an area of from more than twenty hectares to thirty hectares.

c) Delaying replanting new forests to replace the area for more than three years with an area of from more than five hectares to ten hectares.

d) Failing to restore the land surface within the prescribed time limit for replanting forests on an area from more than five hectares to ten hectares after mineral extraction.

5. A fine of from VND 200,000,000 to VND 300,000,000 in any of the following cases:

a) Delaying replanting new forests to replace the area for more than one year with an area of from more than thirty hectares to forty hectares.

b) Delaying replanting new forests to replace the area for more than two years with an area of from more than twenty hectares to thirty hectares.

c) Delaying replanting new forests to replace the area for more than three years with an area of from more than ten hectares to twenty hectares.

d) Failing to restore the land surface within the prescribed time limit for replanting forests on an area from more than ten hectares to twenty hectares after mineral extraction.

6. A fine of from VND 300,000,000 to VND 400,000,000 in any of the following cases:

a) Delaying replanting new forests to replace the area for more than one year with an area of from more than forty hectares to fifty hectares.

b) Delaying replanting new forests to replace the area for more than two years with an area of from more than thirty hectares to forty hectares.

c) Delaying replanting new forests to replace the area for more than three years with an area of from more than twenty hectares to thirty hectares.

d) Failing to restore the land surface within the prescribed time limit for replanting forests on an area from more than twenty hectares to thirty hectares after mineral extraction.

7. A fine of from VND 400,000,000 to VND 500,000,000 in any of the following cases:

a) Delaying replanting new forests to replace the area for more than one year with an area of from more than fifty hectares.

b) Delaying replanting new forests to replace the area for more than two years with an area of from more than forty hectares.

c) Delaying replanting new forests to replace the area for more than three years with an area of from more than thirty hectares.

d) Failing to restore the land surface within the prescribed time limit for replanting forests on an area from more than thirty hectares after mineral extraction.

8. Measures to remedy consequences

Compel the application of remedial measures provided for in Clause 1, Clause 3, Article 4 of this Decree for administrative violations stipulated in Clause 1, Clause 2, Clause 3, Clause 4, Clause 5, Clause 6, and Clause 7 of this Article.

Article 14. Violation of State regulations on afforestation

A person to whom the State has assigned or leased land for afforestation with 100% state budget investment but fails to carry out afforestation in accordance with State regulations shall be subject to the following penalties:

1. A fine of from VND 2,000,000 to VND 5,000,000 for any of the following cases:

a) Afforesting without a design on an area of from 0.5 hectares to 2 hectares.

b) Implementing incorrectly the approved afforestation design on an area of from 1 hectare to 5 hectares.

c) Not complying with or not fully complying with the technical procedures for planting and caring for planted forests on an area of from 1 hectare to 10 hectares.

2. A fine of from VND 5,000,000 to VND 10,000,000 for any of the following cases:

a) Afforesting without a design on an area of from more than 2 hectares to 5 hectares.

b) Implementing incorrectly the approved afforestation design on an area of from more than 5 hectares to 10 hectares.

c) Not complying with or not fully complying with the technical procedures for planting and caring for planted forests on an area of from more than 10 hectares to 20 hectares.

3. A fine of from VND 10,000,000 to VND 20,000,000 for any of the following cases:

a) Afforesting without a design on an area of from more than 5 hectares to 10 hectares.

b) Implementing incorrectly the approved afforestation design on an area of from more than 10 hectares to 20 hectares.

c) Not complying with or not fully complying with the technical procedures for planting and caring for planted forests on an area of from more than 20 hectares to 50 hectares.

4. A fine of from VND 20,000,000 to VND 50,000,000 for any of the following cases:

a) Afforesting without a design on an area of from more than 10 hectares to 20 hectares.

b) Implementing incorrectly the approved afforestation design on an area of from more than 20 hectares.

c) Not complying with or not fully complying with the technical procedures for planting and caring for planted forests on an area of from more than 50 hectares.

5. A fine of from VND 50,000,000 to VND 100,000,000 for afforesting without a design on an area of from more than 20 hectares.

Remedial measures

Compel the application of remedial measures prescribed in Clause 1, Article 4 of this Decree for the acts prescribed in Clause 1, Clause 2, Clause 3, Clause 4, and Clause 5 of this Article.

Article 15. Violation of general State regulations on forest protection

A person who violates State regulations on forest protection shall be subject to the following penalties:

1. Warning or a fine of from VND 500,000 to VND 1,000,000 for any of the following acts:

a) Bringing manual or mechanical tools into the forest to hunt wild animals.

b) Bringing draft animals and manual tools into the forest to illegally exploit and process forest products and minerals.

c) Illegally raising, planting, or releasing non-native species of animals or plants into special-use forests.

2. A fine of from VND 1,000,000 to VND 2,000,000 for any of the following acts:

a) Organizing illegal scientific research, tourism, or specimen collection in special-use forests.

b) Illegally bringing mechanical equipment into the forest.

c) Advertising about forest plants or animals in violation of the law.

d) Hunting during the breeding season.

đ) Using prohibited hunting methods or tools.

e) Hunting in areas where hunting is prohibited.

3. A fine of from VND 2,000,000 to VND 3,000,000 for any of the following acts:

a) Lighting fires or using fire improperly in strict protection zones of special-use forests.

b) Lighting fires or using fire in flammable forests or dry vegetation during the dry season.

c) Lighting fires or using fire near wood storage areas when there is a forest fire warning level from Level III to Level V.

d) Lighting fires or using fire for hunting, collecting honey, or war debris.

đ) Illegally burning fields, gardens, or farmland within or adjacent to the forest.

e) Failing to ensure safety regarding forest fire prevention and extinguishing when using fire sources, heat sources, fire-producing devices, or flammable materials in the forest or its vicinity.

4. A fine of from VND 3,000,000 to VND 5,000,000 for forest owners to whom the State has assigned or leased forests for any of the following acts:

a) Not having a fire prevention and extinguishing plan or fire prevention and extinguishing facilities; not organizing or not correctly implementing the fire prevention and extinguishing plan already approved by the competent authority.

b) Removing water reserves for fire prevention during the dry season.

c) Not organizing patrols or guards to prevent natural forest fires or planted forest fires under their management.

5. Additional forms of punishment

a) Confiscating contraband items, manual tools, and gasoline-powered saws for administrative violations prescribed in Clause 1 of this Article.

b) Confiscating prohibited hunting tools for administrative violations prescribed in Clause 2 of this Article.

Remedial measures

Compel the application of remedial measures prescribed in Point c, Clause 1, Article 28 of the Law on Handling Administrative Violations for administrative violations prescribed in Clause 1 of this Article.

7. If a person violates the provisions of this Article and causes damage to the forest or forest products, they shall be punished according to Article 12, Article 16, Article 20, Article 21, or Article 22 of this Decree.

Article 16. Violating state regulations on forest fire prevention and extinguishing causing forest fires

A person who violates state regulations on forest fire prevention and extinguishing causing forest fires shall be subject to the following penalties:

1. Warning or a fine from VND 200,000 to VND 1,000,000 for acts resulting in consequences falling under any of the following circumstances:

a) Forest fire involving trees not yet forming a forest or regenerating encircled forests in type 1c status, with an area less than 1,000 square meters².

b) Forest fire in production forests less than 500 square meters².

c) Forest fire in protective forests less than 300 square meters².

d) Forest fire in special-use forests less than 200 square meters².

2. A fine from VND 1,000,000 to VND 3,000,000 for acts resulting in consequences falling under any of the following circumstances:

a) Forest fire involving trees not yet forming a forest or regenerating encircled forests in type 1c status, with an area from 1,000 square meters² to 2,000 square meters².

b) Forest fire in production forests from 500 square meters² to 1,000 square meters².

c) Forest fire in protective forests from 300 square meters² b) Type B: Land area from 350 to 400 square meters, usable house area from 250 to 300 square meters².

d) Forest fire in special-use forests from 200 square meters² to 300 m².

3. A fine from VND 3,000,000 to VND 5,000,000 for acts resulting in consequences falling under any of the following circumstances:

a) Forest fire involving trees not yet forming a forest or regenerating encircled forests in type 1c status, with an area over 2,000 square meters² to 5,000 square meters².

b) Forest fire in production forests over 1,000 square meters² to 2,000 square meters².

c) Forest fire in protective forests over 500 square meters² to 1,500 square meters².

d) Forest fire in special-use forests over 300 square meters² to 1,000 square meters².

4. A fine from VND 5,000,000 to VND 10,000,000 for acts resulting in consequences falling under any of the following circumstances:

a) Forest fire involving trees not yet forming a forest or regenerating encircled forests in type 1c status, with an area over 5,000 square meters² to 10,000 m².

b) Forest fire in production forests over 2,000 square meters² to 3,000 square meters².

c) Forest fire in protective forests over 1,500 square meters² to 2,500 square meters².

d) Forest fire in special-use forests over 1,000 square meters² to 2,000 square meters².

5. A fine from VND 10,000,000 to VND 20,000,000 for acts resulting in consequences falling under any of the following circumstances:

a) Forest fire involving trees not yet forming a forest or regenerating encircled forests in type 1c status, with an area over 10,000 square meters² to 20,000 square meters².

b) Forest fire in production forests over 3,000 square meters² to 5,000 square meters².

c) Forest fire in protective forests over 2,500 square meters² to 4,000 square meters².

d) Forest fire in special-use forests over 2,000 square meters² to 3,000 square meters².

6. A fine from VND 20,000,000 to VND 30,000,000 for acts resulting in consequences falling under any of the following circumstances:

a) Forest fire involving trees not yet forming a forest or regenerating encircled forests in type 1c status, with an area over 20,000 square meters² to 30,000 square meters².

b) Forest fire in production forests over 5,000 square meters² to 6,000 square meters².

c) Forest fire in protective forests over 4,000 square meters² to 5,000 square meters².

d) Forest fire in special-use forests over 3,000 square meters² to 4,000 square meters².

7. A fine from VND 30,000,000 to VND 50,000,000 for acts resulting in consequences falling under any of the following circumstances:

a) Forest fire involving trees not yet forming a forest or regenerating encircled forests in type 1c status, with an area over 30,000 square meters² to 50,000 square meters².

b) Forest fire in production forests over 6,000 square meters² to 10,000 m².

c) Forest fire in protective forests over 5,000 square meters² to 7,500 square meters².

d) Forest fire in special-use forests over 4,000 square meters² to 5,000 square meters².

8. Measures to remedy consequences

Compel the application of remedial measures prescribed in Point c, Clause 1, Article 28 of the Law on Handling Administrative Violations; Clause 1, Article 4 of this Decree for administrative violations prescribed in Clause 1, Clause 2, Clause 3, Clause 4, Clause 5, Clause 6, Clause 7 of this Article.

9. A person intentionally causing forest fires or burning forests for any purpose must be punished according to Article 20 of this Decree.

Article 17. Grazing livestock in forest areas where grazing is prohibited

A person who grazes livestock in forest areas where grazing is prohibited shall be subject to the following penalties:

1. Warning or a fine of from VND 100,000 to VND 1,000,000 for the act of grazing livestock in the strictly protected zone of special-use forests.

2. A fine of from VND 1,000,000 to VND 3,000,000 for the act of grazing livestock in young plantations up to four years old, newly planted forests, and regenerated forests that have been designated as areas where grazing is prohibited.

3. Measures to remedy consequences

The violator must apply the remedial measures prescribed in Clause 1, Article 4 of this Decree for administrative violations stipulated in Clauses 1 and 2 of this Article.

Article 18. Violation of regulations on preventing harmful organisms in forests

1. A fine of from VND 2,000,000 to VND 10,000,000 for the forest owner who intentionally fails to implement one of the preventive measures against harmful organisms in forests as prescribed by law.

2. A fine of from VND 10,000,000 to VND 20,000,000 for the person using pesticides that are banned by law.

3. Additional forms of punishment

Confiscate pesticides that are banned by law for the violation stipulated in Clause 2 of this Article.

4. Measures to remedy consequences

The violator must apply the remedial measures prescribed in Point c, Clause 1, Article 28 of the Law on Handling Administrative Violations for administrative violations stipulated in Clauses 1 and 2 of this Article.

Article 19. Destruction of facilities serving forest protection and development

A person who causes damage to facilities serving forest protection and development such as forest guard stations, fire lookout towers, warning signs, promotional boards for forest protection, fences, forest boundary markers, water reservoirs for firefighting, tools and equipment used in forest protection and development, altering the status quo or damaging these facilities, shall be subject to the following penalties:

1. Warning or a fine of from VND 100,000 to VND 300,000 for one of the following acts: writing or drawing on warning signs or promotional boards for forest protection; erasing information or images on warning signs or promotional boards for forest protection.

2. A fine of from VND 300,000 to VND 3,000,000 for the act of removing warning signs about forest protection.

3. A fine of from VND 5,000,000 to VND 10,000,000 for one of the following acts:

a) Digging up forest roads.

b) Obstructing patrols for forest protection and anti-forest poaching activities.

c) Destroying firebreaks.

d) Destroying fences and forest boundary markers.

4. A fine of from VND 10,000,000 to VND 20,000,000 for one of the following acts: destroying promotional boards for forest protection, destroying watchtowers, workhouses, and other assets and equipment used in forest protection patrols.

5. Measures to remedy consequences

The violator must apply the remedial measures prescribed in Point a, Clause 1, Article 28 of the Law on Handling Administrative Violations for administrative violations stipulated in Clauses 1, 2, 3, and 4 of this Article.

Article 20. Illegal deforestation

A person who cuts down trees; excavates, levels, uses explosives, dams, or discharges toxic substances, or engages in other acts causing damage to forests for any purpose (except for the acts stipulated in Article 12 of this Decree) without permission from competent state authorities or with permission to change the purpose of forest land use but does not comply with the permitted regulations shall be subject to the following penalties:

1. A fine of from VND 300,000 to VND 5,000,000 for illegal deforestation in one of the following cases:

a) Plantations that have not yet become forests or regenerating forests in condition type 1c under 1,500 meters.².

b) Production forests under 800 meters.².

c) Protective forests under 500 meters.².

d) Special-use forests under 200 meters.².

2. A fine of from VND 5,000,000 to VND 10,000,000 for illegal deforestation in one of the following cases:

a) Plantations that have not yet become forests or regenerating forests in condition type 1c from 1,500 meters.² to 5,000 square meters².

b) Production forests from 800 meters.² to 1,000 square meters².

c) Protective forests from 500 meters.² to 800 meters.².

d) Special-use forests from 200 meters.² to 300 m².

3. A fine of from VND 10,000,000 to VND 20,000,000 for illegal deforestation in one of the following cases:

a) Plantations that have not yet become forests or regenerating forests in condition type 1c from over 5,000 meters.² to 10,000 m².

b) Production forests from over 1,000 meters.² to 2,000 square meters².

c) Protective forests from over 800 meters.² to 1,500 square meters².

d) Special-use forests from over 300 meters.² b) Type B: Land area from 350 to 400 square meters, usable house area from 250 to 300 square meters².

4. A fine of from VND 20,000,000 to VND 30,000,000 for illegal deforestation in one of the following cases:

a) Plantations that have not yet become forests or regenerating forests in condition type 1c from over 10,000 meters.² to 20,000 square meters².

b) Production forests from over 2,000 meters.² to 3,000 square meters².

c) Protective forests from over 1,500 meters.² to 2,000 square meters².

d) Special-use forests from over 500 meters.² to 700 meters.².

5. A fine of from VND 30,000,000 to VND 50,000,000 for illegal deforestation in one of the following cases:

a) Plantations that have not yet become forests or regenerating forests in condition type 1c from over 20,000 meters.² to 30,000 square meters².

b) Production forests from over 3,000 meters.² to 5,000 square meters².

c) Protective forests from over 2,000 meters.² to 3,000 square meters².

d) Special-use forests from over 700 meters.² to 1,000 square meters².

6. Additional forms of punishment

Confiscate contraband, tools, and means of transportation for the acts stipulated in Clauses 1, 2, 3, 4, and 5 of this Article.

7. Measures to remedy consequences

The violator must apply one or more remedial measures prescribed in Points b, c, i of Article 28 of the Law on Handling Administrative Violations; Clause 1, Article 4 of this Decree for administrative violations stipulated in Clauses 1, 2, 3, 4, and 5 of this Article.

Section 3

VIOLATIONS OF FOREST PRODUCT MANAGEMENT REGULATIONS

Article 21. Violations of regulations on management and protection of wild forest animals

A person who engages in hunting, shooting, trapping, capturing; raising, keeping, extracting derivatives from wild forest animals; killing wild forest animals in violation of the law (excluding cases prescribed in Point a Clause 2 Article 7 of this Decree) shall be subject to the following penalties:

1. A fine of VND 500,000 to VND 10,000,000 for acts involving contraband items that fall under one of the following circumstances:

a) Wild forest animals or their parts, derivatives not belonging to endangered, precious, rare species with a value below VND 7,000,000.

b) Wild forest animals or their parts, derivatives belonging to endangered, precious, rare species group IIB with a value below VND 4,000,000.

2. A fine of VND 10,000,000 to VND 20,000,000 for acts involving contraband items that fall under one of the following circumstances:

a) Wild forest animals or their parts, derivatives not belonging to endangered, precious, rare species with a value from VND 7,000,000 to VND 13,000,000.

b) Wild forest animals or their parts, derivatives belonging to endangered, precious, rare species group IIB with a value from VND 4,000,000 to VND 8,000,000.

3. A fine of VND 20,000,000 to VND 30,000,000 for acts involving contraband items that fall under one of the following circumstances:

a) Wild forest animals or their parts, derivatives not belonging to endangered, precious, rare species with a value from above VND 13,000,000 to VND 20,000,000.

b) Wild forest animals or their parts, derivatives belonging to endangered, precious, rare species group IIB with a value from above VND 8,000,000 to VND 12,000,000.

c) Wild forest animals or their parts, derivatives belonging to endangered, precious, rare species group IB with a value below VND 10,000,000.

4. A fine of VND 30,000,000 to VND 50,000,000 for acts involving contraband items that fall under one of the following circumstances:

a) Wild forest animals or their parts, derivatives not belonging to endangered, precious, rare species with a value from above VND 20,000,000 to VND 35,000,000.

b) Wild forest animals or their parts, derivatives belonging to endangered, precious, rare species group IIB with a value from above VND 12,000,000 to VND 20,000,000.

c) Wild forest animals or their parts, derivatives belonging to endangered, precious, rare species group IB with a value from VND 10,000,000 to VND 20,000,000.

d) Illegally raising one individual of a wild forest animal belonging to endangered, precious, rare species group IB.

5. A fine of VND 50,000,000 to VND 100,000,000 for acts involving contraband items that fall under one of the following circumstances:

a) Wild forest animals or their parts, derivatives not belonging to endangered, precious, rare species with a value from above VND 35,000,000 to VND 65,000,000.

b) Wild forest animals or their parts, derivatives belonging to endangered, precious, rare species group IIB with a value from above VND 20,000,000 to VND 40,000,000.

c) Wild forest animals or their parts, derivatives belonging to endangered, precious, rare species group IB with a value from above VND 20,000,000 to VND 30,000,000.

d) Illegally raising two individuals of a wild forest animal belonging to endangered, precious, rare species group IB.

6. A fine of VND 100,000,000 to VND 200,000,000 for acts involving contraband items that fall under one of the following circumstances:

a) Wild forest animals or their parts, derivatives not belonging to endangered, precious, rare species with a value from above VND 65,000,000 to VND 135,000,000.

b) Wild forest animals or their parts, derivatives belonging to endangered, precious, rare species group IIB with a value from above VND 40,000,000 to VND 80,000,000.

c) Wild forest animals or their parts, derivatives belonging to endangered, precious, rare species group IB with a value from above VND 30,000,000 to VND 50,000,000.

d) Illegally raising three to four individuals of a wild forest animal belonging to endangered, precious, rare species group IB.

7. A fine of VND 200,000,000 to VND 300,000,000 for acts involving contraband items that fall under one of the following circumstances:

a) Wild forest animals or their parts, derivatives not belonging to endangered, precious, rare species with a value from above VND 135,000,000 to VND 200,000,000.

b) Wild forest animals or their parts, derivatives belonging to endangered, precious, rare species group IIB with a value from above VND 80,000,000 to VND 120,000,000.

c) Wild forest animals or their parts, derivatives belonging to endangered, precious, rare species group IB with a value from above VND 50,000,000 to VND 80,000,000.

d) Illegally raising five to six individuals of a wild forest animal belonging to endangered, precious, rare species group IB.

8. A fine of VND 300,000,000 to VND 400,000,000 for acts involving contraband items that fall under one of the following circumstances:

a) Wild forest animals or their parts, derivatives not belonging to endangered, precious, rare species with a value from above VND 200,000,000 to VND 270,000,000.

b) Wild forest animals or their parts, derivatives belonging to endangered, precious, rare species group IIB with a value from above VND 120,000,000 to VND 160,000,000.

c) Wild forest animals or their parts, derivatives belonging to endangered, precious, rare species group IB with a value from above VND 80,000,000 to VND 100,000,000.

d) Illegally raising seven to eight individuals of a wild forest animal belonging to endangered, precious, rare species group IB.

9. A fine of VND 400,000,000 to VND 500,000,000 for acts involving contraband items that fall under one of the following circumstances:

a) Wild forest animals or their parts, derivatives not belonging to endangered, precious, rare species with a value from above VND 270,000,000.

b) Wild forest animals or their parts, derivatives belonging to endangered, precious, rare species group IIB with a value from above VND 160,000,000.

c) Illegally raising more than eight individuals of a wild forest animal belonging to endangered, precious, rare species group IB.

10. In cases where permission has been granted to raise wild forest animals belonging to endangered, precious, rare species group IB or other types of wildlife but the regulations on breeding standards are violated, a fine of VND 20,000,000 to VND 30,000,000 shall be imposed.

11. Additional forms of punishment:

a) Confiscation of contraband items for violations prescribed in Clause 1, Clause 2, Clause 3, Clause 4, Clause 5, Clause 6, Clause 7, Clause 8, and Clause 9 of this Article.

b) Confiscation of tools and means used in administrative violations for violations prescribed in Clause 4, Clause 5, Clause 6, Clause 7, Clause 8, and Clause 9 of this Article.

c) Suspension of the right to use hunting licenses, certificates for raising wild forest animals for six to twelve months for violations prescribed in Clause 4, Clause 5, Clause 6, Clause 7, Clause 8, and Clause 9 of this Article.

12. Measures to remedy consequences:

Order to apply the remedial measures prescribed in Points c, đ Clause 1 Article 28 of the Law on Handling Administrative Violations for the acts stipulated in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 of this Article.

Article 22. Transporting Forest Products Illegally

A person who engages in the act of transporting forest products (including from the time of gathering forest products to load onto transportation vehicles or already loaded onto transportation vehicles) without lawful documentation or with lawful documentation but the documentation does not match the actual transported forest products; wood without the forestry inspection stamp as prescribed by law shall be subject to the following penalties:

1. A fine of VND 1,000,000 to VND 5,000,000 for the act of illegally transporting forest products where the contraband falls under one of the following circumstances:

a) Wild animals or parts, derivatives thereof that do not belong to endangered, precious, rare species with a value below VND 5,000,000.

b) Wild animals or parts, derivatives thereof belonging to endangered, precious, rare species group IIB with a value below VND 3,000,000.

c) Wood that does not belong to endangered, precious, rare species less than 1 meter.³.

d) Wood belonging to endangered, precious, rare species group IIA less than 0.7 meters.³.

đ) Forest plants or parts, derivatives thereof other than wood with a value below VND 7,000,000.

e) Illegal wood products with a value below VND 10,000,000.

2. A fine of VND 5,000,000 to VND 10,000,000 for the act of illegally transporting forest products where the contraband falls under one of the following circumstances:

a) Wild animals or parts, derivatives thereof that do not belong to endangered, precious, rare species with a value from VND 5,000,000 to VND 10,000,000.

b) Wild animals or parts, derivatives thereof belonging to endangered, precious, rare species group IIB with a value from VND 3,000,000 to VND 5,000,000.

c) Wood that does not belong to endangered, precious, rare species from 1 meter.³ to 1.5 cubic meters³.

d) Wood belonging to endangered, precious, rare species group IIA from 0.7 meters.³ to 1 cubic meter³.

đ) Forest plants or parts, derivatives thereof other than wood with a value from VND 7,000,000 to VND 10,000,000.

e) Illegal wood products with a value from VND 10,000,000 to VND 20,000,000.

3. A fine of VND 10,000,000 to VND 20,000,000 for the act of illegally transporting forest products where the contraband falls under one of the following circumstances:

a) Wild animals or parts, derivatives thereof that do not belong to endangered, precious, rare species with a value from over VND 10,000,000 to VND 13,000,000.

b) Wild animals or parts, derivatives thereof belonging to endangered, precious, rare species group IIB with a value from over VND 5,000,000 to VND 7,000,000.

c) Wild animals or parts, derivatives thereof belonging to endangered, precious, rare species group IB with a value below VND 7,000,000.

d) Wood that does not belong to endangered, precious, rare species from over 1.5 meters.³ to 3 cubic meters³.

đ) Wood belonging to endangered, precious, rare species group IIA from over 1 meter.³ to 1.5 cubic meters³.

e) Wood belonging to endangered, precious, rare species group IA less than 0.3 meters.³.

g) Forest plants or parts, derivatives thereof other than wood with a value from over VND 10,000,000 to VND 20,000,000.

h) Illegal wood products with a value from over VND 20,000,000 to VND 30,000,000.

4. A fine of VND 20,000,000 to VND 30,000,000 for the act of illegally transporting forest products where the contraband falls under one of the following circumstances:

a) Wild forest animals or their parts, derivatives not belonging to endangered, precious, rare species with a value from above VND 13,000,000 to VND 20,000,000.

b) Wild animals or parts, derivatives thereof belonging to endangered, precious, rare species group IIB with a value from over VND 7,000,000 to VND 12,000,000.

c) Wild animals or parts, derivatives thereof belonging to endangered, precious, rare species group IB with a value from VND 7,000,000 to VND 10,000,000.

d) Wood that does not belong to endangered, precious, rare species from over 3 meters.³ to 6 cubic meters³.

đ) Wood belonging to endangered, precious, rare species group IIA from over 1.5 meters.³ to 2 cubic meters³.

e) Wood belonging to endangered, precious, rare species group IA from 0.3 meters.³ to 0.5 cubic meters³.

g) Forest plants or parts, derivatives thereof other than wood with a value from over VND 20,000,000 to VND 30,000,000.

h) Illegal wood products with a value from over VND 30,000,000 to VND 50,000,000.

5. A fine of VND 30,000,000 to VND 50,000,000 for the act of illegally transporting forest products where the contraband falls under one of the following circumstances:

a) Wild forest animals or their parts, derivatives not belonging to endangered, precious, rare species with a value from above VND 20,000,000 to VND 35,000,000.

b) Wild forest animals or their parts, derivatives belonging to endangered, precious, rare species group IIB with a value from above VND 12,000,000 to VND 20,000,000.

c) Wild animals or parts, derivatives thereof belonging to endangered, precious, rare species group IB with a value from over VND 10,000,000 to VND 15,000,000.

d) Wood that does not belong to endangered, precious, rare species from over 6 meters.³ to 10 m³.

đ) Wood belonging to endangered, precious, rare species group IIA from over 2 meters.³ to 3 cubic meters³.

e) Wood belonging to endangered, precious, rare species group IA from over 0.5 meters.³ to 0.7 cubic meters³.

g) Forest plants or parts, derivatives thereof other than wood with a value from over VND 30,000,000 to VND 50,000,000.

h) Illegal wood products with a value from over VND 50,000,000 to VND 70,000,000.

6. A fine of VND 50,000,000 to VND 100,000,000 for the act of illegally transporting forest products where the contraband falls under one of the following circumstances:

a) Wild animals or parts, derivatives thereof that do not belong to endangered, precious, rare species with a value from over VND 35,000,000 to VND 70,000,000.

b) Wild forest animals or their parts, derivatives belonging to endangered, precious, rare species group IIB with a value from above VND 20,000,000 to VND 40,000,000.

c) Wild animals or parts, derivatives thereof belonging to endangered, precious, rare species group IB with a value from over VND 15,000,000 to VND 30,000,000.

d) Wood that does not belong to endangered, precious, rare species from over 10 meters.³ to 20 cubic meters³.

đ) Wood belonging to endangered, precious, rare species group IIA from over 3 meters.³ to 7 cubic meters³.

e) Wood belonging to endangered, precious, rare species group IA from over 0.7 meters.³ to 1 cubic meter³.

g) Forest plants or parts, derivatives thereof other than wood with a value from over VND 50,000,000 to VND 100,000,000.

h) Illegal wood products with a value from over VND 70,000,000 to VND 100,000,000.

7. A fine of VND 100,000,000 to VND 200,000,000 for the act of illegally transporting forest products where the contraband falls under one of the following circumstances:

a) Wild animals or parts, derivatives thereof that do not belong to endangered, precious, rare species with a value from over VND 70,000,000 to VND 135,000,000.

b) Wild forest animals or their parts, derivatives belonging to endangered, precious, rare species group IIB with a value from above VND 40,000,000 to VND 80,000,000.

c) Wild forest animals or their parts, derivatives belonging to endangered, precious, rare species group IB with a value from above VND 30,000,000 to VND 50,000,000.

d) Wood belonging to endangered, precious, rare species group IIA from over 7 meters.³ to 10 m³.

đ) Wood belonging to endangered, precious, rare species group IA from over 1 meter.³ to 1.5 cubic meters³.

e) Forest plants or parts, derivatives thereof other than wood with a value from over VND 100,000,000 to VND 200,000,000.

g) Illegal wood products with a value from over VND 100,000,000 to VND 200,000,000.

8. A fine of from 200,000,000 VND to 300,000,000 VND shall be imposed for the act of transporting forest products in violation of the law where the evidence of the violation falls under one of the following cases:

a) Wild forest animals or their parts, derivatives not belonging to endangered, precious, rare species with a value from above VND 135,000,000 to VND 200,000,000.

b) Wild forest animals or their parts, derivatives belonging to endangered, precious, rare species group IIB with a value from above VND 80,000,000 to VND 120,000,000.

c) Wild forest animals or their parts, derivatives belonging to endangered, precious, rare species group IB with a value from above VND 50,000,000 to VND 80,000,000.

d) Forest products processed from illegal wood with a value of from 200,000,000 VND to 300,000,000 VND.

đ) Forest plants or parts, derivatives thereof other than wood with a value of over 200,000,000 VND.

9. A fine of from 300,000,000 VND to 400,000,000 VND shall be imposed for the act of transporting forest products in violation of the law where the evidence of the violation falls under one of the following cases:

a) Wild forest animals or their parts, derivatives not belonging to endangered, precious, rare species with a value from above VND 200,000,000 to VND 270,000,000.

b) Wild forest animals or their parts, derivatives belonging to endangered, precious, rare species group IIB with a value from above VND 120,000,000 to VND 160,000,000.

c) Wild forest animals or their parts, derivatives belonging to endangered, precious, rare species group IB with a value from above VND 80,000,000 to VND 100,000,000.

d) Forest products processed from illegal wood with a value of from 300,000,000 VND to 400,000,000 VND.

10. A fine of from 400,000,000 VND to 500,000,000 VND shall be imposed for the act of transporting forest products in violation of the law where the evidence of the violation falls under one of the following cases:

a) Wild forest animals or their parts, derivatives not belonging to endangered, precious, rare species with a value from above VND 270,000,000.

b) Wild forest animals or their parts, derivatives belonging to endangered, precious, rare species group IIB with a value from above VND 160,000,000.

c) Forest products processed from illegal wood with a value of over 400,000,000 VND.

11. Forms of supplementary penalties

8. Confiscate the evidence of the violation for administrative violations stipulated in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 of this Article (except for cases where there is documentation and legal origin for the wood but the actual volume of wood exceeds the permissible error according to the regulations of the Ministry of Agriculture and Rural Development).

9. Confiscate the means of transportation for administrative violations stipulated in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 of this Article (except for cases stipulated in Clause 7, Clause 8 of Article 3 of this Decree), falling under one of the following cases:

- Organized violation.

- Repeated violation or recidivism.

- Using a two-compartment vehicle, a double-bottomed vehicle, a double-roofed vehicle, or a modified vehicle without registration issued by the competent state authority as required by law for such types of vehicles; vehicles with fake license plates.

- Transporting non-endangered, precious, and rare wood species of 1.5 meters or more; endangered, precious, and rare wood species of 0.5 meters or more;³ or more; timber belonging to endangered, precious, or rare species measuring 0.5 meters or more³ or more.

- Transporting forest plants and their parts (other than wood) belonging to endangered, precious, and rare species with a value of 10,000,000 VND or more; wild animals not belonging to endangered, precious, and rare species and their parts with a value of 5,000,000 VND or more; endangered, precious, and rare species or their parts with a value of 3,000,000 VND or more.

In cases where transporting forest products in violation of the law involves two or more types of wood (non-endangered, precious, and rare wood and precious and rare wood) or various types of forest products other than wood belonging to endangered, precious, and rare species, although the volume of one type of wood or the value of each type of forest product has not reached the level requiring confiscation of the means of transportation, the total volume of illegally transported wood is 1.5 meters or more or the total value of illegally transported forest products other than wood is 15,000,000 VND or more.³ or the total value of other forest products transported illegally, excluding timber, being 15,000,000 VND or more.

12. Measures to remedy consequences

a) Order the application of remedial measures prescribed in Point c, đ Clause 1 Article 28 of the Law on Handling Administrative Violations for acts prescribed in Points a, b Clauses: 1, 2 and 10; Points a, b, c Clauses: 3, 4, 5, 6, 7, 8 and 9 of this Article.

b) Order the application of remedial measures prescribed in Point i Clause 1 Article 28 of the Law on Handling Administrative Violations for acts prescribed in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 of this Article.

13. In cases where transporting forest products has been determined to have a legal origin but the forest product documents do not comply with the provisions of the law, they shall be punished according to the provisions of Article 24 of this Decree.

In cases where transporting coal from underground mines, coal from natural forests is discovered, it shall be punished according to the provisions of Clause 4 Article 12 of this Decree.

14. The owner of the forest products shall be punished for the act of buying and selling forest products as prescribed in Article 23 of this Decree.

15. The owner of the means of transportation shall be punished as prescribed for the person who commits the act of transporting forest products in violation of the law as stipulated in this Article (except for cases where the means of transportation was stolen or used without permission as prescribed in Clause 7, Clause 8 of Article 3 of this Decree).

Article 23. Buying, selling, storing, processing, and trading in forest products contrary to the provisions of the State

A person who engages in the act of buying, selling, storing, processing, or trading in forest products without lawful documentation or with lawful documentation but the forest products do not correspond to the contents of such documentation; wood without the forestry inspection stamp as prescribed by law shall be subject to punishment as follows:

1. A fine of VND 1,000,000 to VND 5,000,000 for acts involving contraband items falling under one of the following circumstances:

a) Wild animals or parts, derivatives thereof that do not belong to endangered, precious, rare species with a value below VND 5,000,000.

b) Wild animals or parts, derivatives thereof belonging to endangered, precious, rare species group IIB with a value below VND 3,000,000.

c) Wood that does not belong to endangered, precious, rare species less than 1 meter.³.

d) Wood belonging to endangered, precious, rare species group IIA less than 0.7 meters.³.

đ) Forest plants or parts, derivatives thereof other than wood with a value below VND 7,000,000.

e) Illegal wood products with a value below VND 10,000,000.

2. A fine of VND 5,000,000 to VND 10,000,000 for acts involving contraband items falling under one of the following circumstances:

a) Wild animals or parts thereof that do not belong to endangered, precious, or rare species with a value from VND 5,000,000 to VND 10,000,000.

b) Wild animals or parts, derivatives thereof belonging to endangered, precious, rare species group IIB with a value from VND 3,000,000 to VND 5,000,000.

c) Wood that does not belong to endangered, precious, rare species from 1 meter.³ to 1.5 cubic meters³.

d) Wood belonging to endangered, precious, rare species group IIA from 0.7 meters.³ to 1 cubic meter³.

đ) Forest plants or parts, derivatives thereof other than wood with a value from VND 7,000,000 to VND 10,000,000.

e) Illegal wood products with a value from VND 10,000,000 to VND 20,000,000.

3. A fine of VND 10,000,000 to VND 20,000,000 for acts involving contraband items falling under one of the following circumstances:

a) Wild animals or parts, derivatives thereof that do not belong to endangered, precious, rare species with a value from over VND 10,000,000 to VND 13,000,000.

b) Wild animals or parts, derivatives thereof belonging to endangered, precious, rare species group IIB with a value from over VND 5,000,000 to VND 7,000,000.

c) Wild animals or parts, derivatives thereof belonging to endangered, precious, rare species group IB with a value below VND 7,000,000.

d) Wood that does not belong to endangered, precious, rare species from over 1.5 meters.³ to 3 cubic meters³.

đ) Wood belonging to endangered, precious, rare species group IIA from over 1 meter.³ to 1.5 cubic meters³.

e) Wood belonging to endangered, precious, rare species group IA less than 0.3 meters.³.

g) Forest plants or parts, derivatives thereof other than wood with a value from over VND 10,000,000 to VND 20,000,000.

h) Illegal wood products with a value from over VND 20,000,000 to VND 30,000,000.

4. A fine of VND 20,000,000 to VND 30,000,000 for acts involving contraband items falling under one of the following circumstances:

a) Wild forest animals or their parts, derivatives not belonging to endangered, precious, rare species with a value from above VND 13,000,000 to VND 20,000,000.

b) Wild animals or parts, derivatives thereof belonging to endangered, precious, rare species group IIB with a value from over VND 7,000,000 to VND 12,000,000.

c) Wild animals or parts, derivatives thereof belonging to endangered, precious, rare species group IB with a value from VND 7,000,000 to VND 10,000,000.

d) Wood that does not belong to endangered, precious, rare species from over 3 meters.³ to 6 cubic meters³.

đ) Wood belonging to endangered, precious, rare species group IIA from over 1.5 meters.³ to 2 cubic meters³.

e) Wood belonging to endangered, precious, rare species group IA from 0.3 meters.³ to 0.5 cubic meters³.

g) Forest plants or parts, derivatives thereof other than wood with a value from over VND 20,000,000 to VND 30,000,000.

h) Illegal wood products with a value from over VND 30,000,000 to VND 50,000,000.

5. A fine of VND 30,000,000 to VND 50,000,000 for acts involving contraband items falling under one of the following circumstances:

a) Wild forest animals or their parts, derivatives not belonging to endangered, precious, rare species with a value from above VND 20,000,000 to VND 35,000,000.

b) Wild forest animals or their parts, derivatives belonging to endangered, precious, rare species group IIB with a value from above VND 12,000,000 to VND 20,000,000.

c) Wild animals or parts, derivatives thereof belonging to endangered, precious, rare species group IB with a value from over VND 10,000,000 to VND 15,000,000.

d) Wood that does not belong to endangered, precious, rare species from over 6 meters.³ to 10 m³.

đ) Wood belonging to endangered, precious, rare species group IIA from over 2 meters.³ to 3 cubic meters³.

e) Wood belonging to endangered, precious, rare species group IA from over 0.5 meters.³ to 0.7 cubic meters³.

g) Forest plants or parts, derivatives thereof other than wood with a value from over VND 30,000,000 to VND 50,000,000.

h) Illegal wood products with a value from over VND 50,000,000 to VND 70,000,000.

6. A fine of VND 50,000,000 to VND 100,000,000 for acts involving contraband items falling under one of the following circumstances:

a) Wild animals or parts, derivatives thereof that do not belong to endangered, precious, rare species with a value from over VND 35,000,000 to VND 70,000,000.

b) Wild forest animals or their parts, derivatives belonging to endangered, precious, rare species group IIB with a value from above VND 20,000,000 to VND 40,000,000.

c) Wild animals or parts, derivatives thereof belonging to endangered, precious, rare species group IB with a value from over VND 15,000,000 to VND 30,000,000.

d) Wood that does not belong to endangered, precious, rare species from over 10 meters.³ to 20 cubic meters³.

đ) Wood belonging to endangered, precious, rare species group IIA from over 3 meters.³ to 7 cubic meters³.

e) Wood belonging to endangered, precious, rare species group IA from over 0.7 meters.³ to 1 cubic meter³.

g) Forest plants or parts, derivatives thereof other than wood with a value from over VND 50,000,000 to VND 100,000,000.

h) Illegal wood products with a value from over VND 70,000,000 to VND 100,000,000.

7. A fine of VND 100,000,000 to VND 200,000,000 for acts involving contraband items falling under one of the following circumstances:

a) Wild animals or parts, derivatives thereof that do not belong to endangered, precious, rare species with a value from over VND 70,000,000 to VND 135,000,000.

b) Wild forest animals or their parts, derivatives belonging to endangered, precious, rare species group IIB with a value from above VND 40,000,000 to VND 80,000,000.

c) Wild forest animals or their parts, derivatives belonging to endangered, precious, rare species group IB with a value from above VND 30,000,000 to VND 50,000,000.

d) Wood belonging to endangered, precious, rare species group IIA from over 7 meters.³ to 10 m³.

đ) Wood belonging to endangered, precious, rare species group IA from over 1 meter.³ to 1.5 cubic meters³.

e) Forest plants or parts, derivatives thereof other than wood with a value from over VND 100,000,000 to VND 200,000,000.

g) Illegal wood products with a value from over VND 100,000,000 to VND 200,000,000.

8. A fine of VND 200,000,000 to VND 300,000,000 for acts involving contraband items falling under one of the following circumstances:

a) Wild forest animals or their parts, derivatives not belonging to endangered, precious, rare species with a value from above VND 135,000,000 to VND 200,000,000.

b) Wild forest animals or their parts, derivatives belonging to endangered, precious, rare species group IIB with a value from above VND 80,000,000 to VND 120,000,000.

c) Wild forest animals or their parts, derivatives belonging to endangered, precious, rare species group IB with a value from above VND 50,000,000 to VND 80,000,000.

d) Forest products processed from illegal wood with a value of from 200,000,000 VND to 300,000,000 VND.

đ) Forest plants or parts, derivatives thereof other than wood with a value of over 200,000,000 VND.

9. A fine of VND 300,000,000 to VND 400,000,000 for acts involving contraband items falling under one of the following circumstances:

a) Wild forest animals or their parts, derivatives not belonging to endangered, precious, rare species with a value from above VND 200,000,000 to VND 270,000,000.

b) Wild forest animals or their parts, derivatives belonging to endangered, precious, rare species group IIB with a value from above VND 120,000,000 to VND 160,000,000.

c) Wild forest animals or their parts, derivatives belonging to endangered, precious, rare species group IB with a value from above VND 80,000,000 to VND 100,000,000.

d) Forest products processed from illegal wood with a value of from 300,000,000 VND to 400,000,000 VND.

10. A fine of VND 400,000,000 to VND 500,000,000 for acts involving contraband items falling under one of the following circumstances:

a) Wild forest animals or their parts, derivatives not belonging to endangered, precious, rare species with a value from above VND 270,000,000.

b) Wild forest animals or their parts, derivatives belonging to endangered, precious, rare species group IIB with a value from above VND 160,000,000.

c) Forest products processed from illegal wood with a value of over 400,000,000 VND.

11. In cases where forest products have been determined to have a lawful origin but the forest product documentation does not comply with the provisions of the law, they shall be punished according to the provisions of Article 24 of this Decree.

12. Additional forms of punishment

a) Confiscation of contraband items for acts stipulated in Clause 1, Clause 2, Clause 3, Clause 4, Clause 5, Clause 6, Clause 7, Clause 8, Clause 9, and Clause 10 of this Article.

b) Suspension of the right to use permits and certificates of practice for six to twelve months for acts stipulated in Clause 5, Clause 6, Clause 7, Clause 8, Clause 9, and Clause 10 of this Article.

13. Measures to remedy consequences

a) Order the application of remedial measures prescribed in Point c, đ Clause 1 Article 28 of the Law on Handling Administrative Violations for acts prescribed in Points a, b Clauses: 1, 2 and 10; Points a, b, c Clauses: 3, 4, 5, 6, 7, 8 and 9 of this Article.

b) Order the application of remedial measures prescribed in Point i Clause 1 Article 28 of the Law on Handling Administrative Violations for acts prescribed in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 of this Article.

14. In cases of illegal storage of wood where there is no basis to determine that the wood belongs to the owner of the house or the processing facility, the authorized authority shall issue a decision to confiscate the wood according to the provisions of Clause 2, Article 65 of the Law on Handling Administrative Violations.

Article 24. Violations of administrative procedures in forest management and utilization; buying, selling, transporting, processing, trading, and storing forest products

1. A warning or a fine of VND 500,000 to VND 1,000,000 for acts falling under one of the following circumstances:

a) The owner of forest products processes, trades, transports, buys, sells, or stores wild plants and parts thereof (excluding wood) and wild animals and parts thereof raised legally but fails to comply with current laws regarding forest product documentation and management procedures.

b) The owner of forest products harvests, transports, buys, sells, stores, processes, or trades legally sourced plantation timber, household garden timber, scattered trees but fails to comply with current laws regarding forest product documentation and management procedures.

2. A fine of VND 1,000,000 to VND 5,000,000 for acts falling under one of the following circumstances:

a) The forest owner fails to establish forest management and utilization records as prescribed by law.

b) The owner of a processing, trading, or purchasing facility fails to record entries and exits of forest products in accordance with the law.

c) The owner of a facility raising legally sourced wildlife fails to register the breeding farm as required by law.

3. A fine of VND 5,000,000 to VND 10,000,000 for the owner of forest products who buys, sells, transports, processes, trades, or stores legally imported forest products but fails to comply with laws regarding forest product documentation and management procedures.

4. A fine of VND 10,000,000 to VND 15,000,000 for the owner of forest products who transports, buys, sells, stores, processes, or trades legally sourced natural forest timber but fails to comply with laws regarding forest product documentation and management procedures.

5. Violations of regulations on conditions for wood processing are subject to a fine of VND 20,000,000 to VND 30,000,000.

6. Additional forms of punishment

Suspension of part of wood processing activities or revocation of the certificate of wood processing conditions for six to twelve months for administrative violations stipulated in Clause 5 of this Article.

Chapter III

 

AUTHORITY TO ISSUE ADMINISTRATIVE VIOLATION DECISIONS AND VIOLATION RECORDS

Article 25. Authority to draw up administrative violation records

1. The authority prescribed in this Decree to impose administrative penalties.

2. Civil servants and officials performing duties related to forest management, forest development, forest protection, and forest product management.

3. In cases where the person drawing up the administrative violation record is an authority member of the Public Security force, Border Guard, Market Management, or specialized inspectorate discovering an administrative violation not within their own sector's penalty jurisdiction, they must transfer the case file, evidence, and means of administrative violation to the competent authority for punishment within five days from the date of drawing up the record, in accordance with Article 52 of the Law on Handling Administrative Violations.

Article 26. Authority of Forest Rangers to Impose Administrative Penalties

1. Forest rangers performing official duties have the right:

a) To issue warnings;

b) Impose a fine up to 500,000 VND.

2. The Head of the Forest Ranger Station has the right to:

a) To issue warnings;

b) Impose fines up to 10,000,000 VND;

c) Seize evidence and means of administrative violations valued up to VND 10,000,000.

3. The Head of the County-level Forest Ranger Station, the Head of the Protective Forest Ranger Station, and the Head of the Specialized Forest Ranger Station (hereinafter collectively referred to as the Head of the Forest Ranger Station); the Head of the Mobile Forest Ranger Team and Fire Prevention and Control Team have the right:

a) To issue warnings;

b) To impose fines up to VND 25,000,000;

c) Confiscate objects, means of administrative violations with a value up to 25,000,000 VND;

d) Apply remedial measures stipulated in Points a, c, đ, and i Clause 1 Article 28 of the Law on Handling Administrative Violations; Clause 1 and Clause 2 Article 4 of this Decree.

4. The Director of the Forest Ranger Department, the Head of the Special Task Force of the Forest Ranger Department have the right:

a) To issue warnings;

b) To impose fines up to VND 50,000,000;

c) Seize evidence and means of administrative violations valued up to VND 50,000,000;

d) Suspend the use of licenses and certificates of practice for a limited period or suspend operations for a limited period (including mineral exploitation activities on forestry land) as prescribed in this Decree;

đ) Apply remedial measures stipulated in Points a, b, c, đ, and i Clause 1 Article 28 of the Law on Handling Administrative Violations; Clause 1, Clause 2, and Clause 3 Article 4 of this Decree.

5. The Director of the Forest Ranger Department has the right:

a) To issue warnings;

b) Impose fines up to the maximum level for the fields of forest management, forest development, forest protection, and forest product management;

c) To confiscate objects and means of administrative violations;

d) Suspend the use of licenses and certificates of practice for a limited period or suspend operations for a limited period (including mineral exploitation activities on forestry land) as prescribed in this Decree;

đ) Apply remedial measures stipulated in Points a, b, c, đ, and i Clause 1 Article 28 of the Law on Handling Administrative Violations; Clause 1, Clause 2, and Clause 3 Article 4 of this Decree.

Article 27. Authority of People's Committee Chairmen at All Levels to Impose Administrative Penalties

1. The Chairperson of the People's Committee at the commune level has the right to:

a) To issue warnings;

b) To impose fines up to VND 5,000,000;

c) Confiscate property and means of transportation involved in administrative violations with a value up to 5,000,000 VND;

d) Apply remedial measures stipulated in Points a, b, c, and đ Clause 1 Article 28 of the Law on Handling Administrative Violations.

2. The Chairperson of the People's Committee at the district level has the right to:

a) To issue warnings;

b) To impose fines up to VND 50,000,000;

c) Seize evidence and means of administrative violations valued up to VND 50,000,000;

d) Suspend the use of licenses and certificates of practice for a limited period or suspend operations for a limited period (including mineral exploitation activities on forestry land) as prescribed in this Decree;

đ) Apply remedial measures stipulated in Points a, b, c, đ, and i Clause 1 Article 28 of the Law on Handling Administrative Violations; Clause 1, Clause 2, and Clause 3 Article 4 of this Decree.

3. The Chairman of the Provincial People's Committee has the authority to:

a) To issue warnings;

b) Impose fines up to the maximum level for the fields of forest management, forest development, forest protection, and forest product management;

c) To confiscate objects and means of administrative violations;

d) Suspend the use of licenses and certificates of practice for a limited period or suspend operations for a limited period (including mineral exploitation activities on forestry land) as prescribed in this Decree;

đ) Apply remedial measures stipulated in Points a, b, c, đ, and i Clause 1 Article 28 of the Law on Handling Administrative Violations; Clause 1, Clause 2, and Clause 3 Article 4 of this Decree.

4. Local-level Forest Ranger agencies are responsible for advising the same-level People's Committees on imposing administrative penalties according to the authority prescribed in this Article.

Article 28. Authority of Specialized Inspectors to Impose Administrative Penalties in the Field of Forest Management, Forest Development, Forest Protection, and Forest Product Management

1. Inspectors and persons assigned to perform specialized inspection functions while performing official duties have the right:

a) To issue warnings;

b) Impose fines not exceeding VND 500,000;

c) Seize evidence and means of administrative violations valued not exceeding VND 500,000;

d) Apply remedial measures stipulated in Points a, c, and đ Clause 1 Article 28 of the Law on Handling Administrative Violations.

2. The Chief Inspector of the Department of Agriculture and Rural Development has the right:

a) To issue warnings;

b) To impose fines up to VND 50,000,000;

c) Confiscate contraband and means of administrative violation with a value not exceeding 50,000,000 VND;

d) Suspend the use of licenses and certificates of practice for a limited period or suspend operations for a limited period as prescribed in this Decree;

đ) Apply remedial measures stipulated in Points a, b, c, đ, and i Clause 1 Article 28 of the Law on Handling Administrative Violations; Clause 1, Clause 2, and Clause 3 Article 4 of this Decree.

3. The Chief Inspector of the Ministry of Agriculture and Rural Development, the Director-General of the Forestry General Department have the right:

a) To issue warnings;

b) Impose fines up to the maximum level for the fields of forest management, forest development, forest protection, and forest product management;

c) To confiscate objects and means of administrative violations;

d) Suspend the use of licenses and certificates of practice for a limited period or suspend operations for a limited period as prescribed in this Decree;

đ) Apply remedial measures stipulated in Points a, b, c, đ, and i Clause 1 Article 28 of the Law on Handling Administrative Violations; Clause 1, Clause 2, and Clause 3 Article 4 of this Decree.

4. The Head of the Specialized Inspection Team of the Ministry of Agriculture and Rural Development have the right:

a) To issue warnings;

b) Impose a fine up to 250,000,000 VND;

c) Seize evidence and means of administrative violations valued not exceeding VND 250,000,000;

d) Suspend the use of licenses and certificates of practice for a limited period or suspend operations for a limited period as prescribed in this Decree.

5. The Head of the Inspection Team of the Forestry General Department and provincial departments assigned to perform specialized inspection functions have the right:

a) To issue warnings;

b) To impose fines up to VND 50,000,000;

c) Confiscate contraband and means of administrative violation with a value not exceeding 50,000,000 VND;

d) Suspend the use of licenses and certificates of practice for a limited period or suspend operations for a limited period as prescribed in this Decree.

Article 29. Competence to impose administrative penalties of the People's Public Security, Border Guard Force, and Market Management

1. The person with the authority to impose administrative penalties under the People's Public Security force as stipulated in Article 39 of the Law on Handling Administrative Offenses shall have the authority to inspect, prepare administrative violation records, impose administrative penalties, and apply measures to remedy consequences for administrative violations prescribed in this Decree within their sector's management scope in accordance with Article 52 of the Law on Handling Administrative Offenses.

2. The person with the authority to impose administrative penalties under the Border Guard Force as stipulated in Article 40 of the Law on Handling Administrative Offenses shall have the authority to inspect, prepare administrative violation records, impose administrative penalties, and apply measures to remedy consequences for administrative violations prescribed in this Decree within their sector's management scope in accordance with Article 52 of the Law on Handling Administrative Offenses.

3. The person with the authority to impose administrative penalties under the Market Management agency as stipulated in Article 45 of the Law on Handling Administrative Offenses shall have the right to inspect, prepare administrative violation records, impose administrative penalties, and apply measures to remedy consequences for administrative violations prescribed in this Decree within their sector's management scope in accordance with Article 52 of the Law on Handling Administrative Offenses.

Article 30. Determination of Competence to Impose Administrative Penalties

1. Determination and division of competence to impose administrative penalties and application of remedial measures shall be carried out in accordance with Article 52 of the Law on Handling Administrative Offenses.

2. In cases where an administrative violation involves multiple types of forest products including both common wood and precious, rare wood; common wild animals and precious, rare wild animals; wood and wild animals, after summing up the fines (adding them together) to form a total fine amount, if it falls within the competence to impose administrative penalties of a certain level, that level shall decide on the imposition of the penalty.

3. Determining the value of the objects involved in administrative violations (including forest products belonging to precious, rare species groups IA and IB) as the basis for determining the fine range and the competence to impose administrative penalties shall be implemented in accordance with Article 60 of the Law on Handling Administrative Offenses.

4. If an administrative violation causes consequences affecting forests of several adjacent localities, the competence to impose administrative penalties shall belong to the locality that first discovers the violation.

Chapter IV

IMPLEMENTING PROVISIONS

Article 31. Effective Date

1. This Decree takes effect from December 25, 2013.

2. This Decree replaces Government Decree No. 99/2009/NĐ-CP dated November 2, 2009 on administrative penalties in the field of forest management, forest protection, and forest product management.

Article 32. Transitional Provisions

For administrative violations in the fields of forest management, forest development, forest protection, and forest product management occurring before the effective date of this Decree but discovered afterwards or currently being examined and resolved, provisions favorable to organizations and individuals who violated the law shall be applied.

Article 33. Responsibility for Implementation

1. The Minister of Agriculture and Rural Development shall be responsible for providing detailed guidance and organizing the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the central government shall be responsible for enforcing this Decree./.