The decree amends and supplements regulations on administrative sanctions for violations in the field of forest management, forest protection, and timber management, specifying fines for acts such as illegal deforestation, unauthorized timber harvesting, forest burning, violation of forest fire prevention and control, grazing livestock in forests, wildlife violations, and illegal transportation of timber. Fine amounts are specified according to the area of forest destroyed or the volume of timber harvested.
适用范围
Citizens, businesses, forest owners, livestock grazers, traders dealing in timber, organizations and individuals involved in forest management, forest protection, and timber management.
要点
- Those who illegally deforest will be fined from VND 100,000 to VND 20,000,000 depending on the area of forest destroyed.
- Unauthorized timber harvesting will result in a fine from VND 100,000 to VND 35,000,000, depending on the type of wood and the volume harvested.
- Illegally burning forests causing damage will result in a fine from VND 100,000 to VND 20,000,000, depending on the area of forest burned.
- Violating regulations on forest fire prevention and control will result in a fine from VND 50,000 to VND 10,000,000, depending on the severity of the violation.
- Grazing livestock illegally in forests will result in a fine from VND 50,000 to VND 2,000,000.
🌐 本文件的社会影响
- Positive impact: Strengthening forest protection, reducing illegal deforestation and unauthorized timber harvesting.
- Negative impact: May impose economic burdens on citizens and businesses when fined heavily.
❓ 常见问题
How much will be fined if deforestation occurs from 0.1 hectares to 0.2 hectares?
A fine of more than VND 500,000 to VND 2,000,000.
What fine will be imposed if violating regulations on forest fire prevention and control causes damage to an area of forest?
If causing damage to an area of production forest from over 0.2 hectares to 0.5 hectares.
What fine will be imposed if grazing livestock in a newly planted forest?
Warning or a fine from VND 50,000 to VND 200,000.
What penalties will be imposed for violating regulations on the illegal transportation of timber?
A fine from VND 100,000 to VND 30,000,000, depending on the type of wood and the volume of timber.
What penalty will be imposed if transporting timber illegally using a vehicle without a registration certificate issued by a state agency?
A fine from VND 2,000,000 to VND 5,000,000.
全文
DECREE
Amending and supplementing some articles of Decree No. 77/CP dated November 29, 1996 of the Government on administrative penalties for violations in the field of forest management, forest protection, and forest product management.
On the basis of the Penal Code 1999;
Amending and supplementing some articles of Decree No. 77/CP dated November 29, 1996 of the Government on administrative penalties for violations in the field of forest management, forest protection, and forest product management as follows:
_____________
THE GOVERNMENT
Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Law on Forest Protection and Development dated August 12, 1991;
1. Amending and supplementing Article 4
Pursuant to the Ordinance on Handling Administrative Violations dated July 6, 1995;
Considering the proposal of the Minister of Agriculture and Rural Development,
DECREE:
Article 1. "Article 4. Unauthorized deforestation is the act of cutting, burning, and any other violation not permitted by competent state authorities or permitted but carried out contrary to the prescribed permit, causing damage to each type of forest, shall be subject to administrative penalties as follows:
1. Warning or a fine from VND 100,000 to VND 200,000 if there is one of the following violations: as follows:
a) Unauthorized deforestation of production forests up to 0.02 hectares.
b) Unauthorized deforestation of protective forests up to 0.01 hectares.
c) Unauthorized deforestation of special-use forests up to 0.007 hectares or converted into specific items with the following values:
Common wood up to 0.2 meters
in diameter.
Firewood up to 1 Ster.3 Other forest products with a value up to VND 100,000 (based on local market prices).
2. A fine from VND 200,000 to VND 500,000 if there is one of the following violations:
a) Unauthorized deforestation of production forests from over 0.02 hectares to 0.1 hectares.
b) Unauthorized deforestation of protective forests from over 0.01 hectares to 0.05 hectares.
c) Unauthorized deforestation of special-use forests from over 0.007 hectares to 0.03 hectares or converted into specific items with the following values:
Common wood from over 0.2 meters
to 0.5 meters
in diameter.3 Firewood from over 1 Ster to 4 Ster.3 Other forest products with a value from VND 100,000 to VND 500,000 (based on local market prices).
3. A fine from VND 500,000 to VND 2,000,000 if there is one of the following violations:
a) Unauthorized deforestation of production forests from over 0.1 hectares to 0.2 hectares.
b) Unauthorized deforestation of protective forests from over 0.05 hectares to 0.1 hectares.
c) Unauthorized deforestation of special-use forests from over 0.03 hectares to 0.07 hectares or converted into specific items with the following values:
Common wood from over 0.5 meters
to 1 meter
Precious wood up to 0.5 meters3 Firewood from over 4 Ster to 10 Ster.3 Other forest products with a value from VND 100,000 to VND 500,000 (based on local market prices).
Other forest products with a value from VND 500,000 to VND 2,000,000 (based on local market prices).3 Other forest products with a value from VND 100,000 to VND 500,000 (based on local market prices).
4. A fine from VND 2,000,000 to VND 10,000,000 if there is one of the following violations:
a) Unauthorized deforestation of production forests from over 0.2 hectares to 0.3 hectares.
b) Unauthorized deforestation of protective forests from over 0.1 hectares to 0.2 hectares.
c) Unauthorized deforestation of special-use forests from over 0.07 hectares to 0.1 hectares or converted into specific items with the following values:
Common wood from over 1 meter
to 5 meters
Precious wood from over 0.5 meters3 to 2 meters3 Other forest products with a value from VND 100,000 to VND 500,000 (based on local market prices).
Firewood from over 10 Ster to 25 Ster.3 Other forest products with a value from VND 2,000,000 to VND 10,000,000 (based on local market prices).3 Other forest products with a value from VND 100,000 to VND 500,000 (based on local market prices).
5. A fine from VND 10,000,000 to VND 20,000,000 if there is one of the following violations:
a) Unauthorized deforestation of production forests from over 0.3 hectares to 0.5 hectares.
b) Unauthorized deforestation of protective forests from over 0.2 hectares to 0.3 hectares.
c) Unauthorized deforestation of special-use forests from over 0.1 hectares to 0.2 hectares or converted into specific items with the following values:
Common wood from over 5 meters
to 8 meters
Precious wood from over 2 meters3 to 4 meters3 Other forest products with a value from VND 100,000 to VND 500,000 (based on local market prices).
Firewood from over 25 Ster to 30 Ster.3 Other forest products with a value from VND 10,000,000 to VND 20,000,000 (based on local market prices).3 Other forest products with a value from VND 100,000 to VND 500,000 (based on local market prices).
6. In addition to being warned or fined, persons committing violations as stipulated in this Article shall also be subject to supplementary penalties and measures as follows:
a) Confiscation of forest products, means, and tools used for administrative violations.
b) Obligation to replant the forest or bear the cost of replanting the forest.
7. The confiscation of forest products, means, and tools used for administrative violations as stipulated in Point a, Clause 6, Article 1 of this Decree shall be implemented according to the provisions of Item 12, Clause 9, Article 1 of this Decree."
2. Amending and supplementing Article 5
"Article 5. Unauthorized logging is the act of cutting trees in the forest, harvesting forest products without permission from competent state authorities or violating regulations on forest management, which shall be subject to administrative penalties when there is one of the following violations:
1. Warning or a fine from VND 100,000 to VND 200,000 if there is one of the following violations: as follows:
a) Unauthorized logging of forest products in production forests:
Common wood up to 0.5 meters
Firewood up to 2 Ster.
Other forest products with a value up to VND 300,000 (based on local market prices).3 Other forest products with a value from VND 100,000 to VND 500,000 (based on local market prices).
b) Unauthorized logging of forest products in protective forests:
Common wood up to 0.3 meters
Other forest products with a value up to VND 200,000 (based on local market prices).
2. A fine from VND 200,000 to VND 500,000 if there is one of the following violations:3 Other forest products with a value from VND 100,000 to VND 500,000 (based on local market prices).
2. A fine from VND 200,000 to VND 500,000 if there is one of the following violations:
Firewood from over 2 Ster to 8 Ster.
Other forest products with a value from over VND 300,000 to VND 1,500,000 (based on local market prices).
Firewood up to 2 Ster.
Precious wood up to 0.5 meters3 Firewood from over 4 Ster to 10 Ster.3 Other forest products with a value from VND 100,000 to VND 500,000 (based on local market prices).
Common wood from over 0.3 meters
to 0.7 meters
Other forest products with a value up to VND 200,000 (based on local market prices).
Firewood from over 1 Ster to 5 Ster.3 Other forest products with a value from over VND 200,000 to VND 1,000,000 (based on local market prices).3 Other forest products with a value from VND 100,000 to VND 500,000 (based on local market prices).
3. A fine from VND 500,000 to VND 2,000,000 if there is one of the following violations:
Common wood from over 1 meter
to 3 meters
Firewood up to 2 Ster.
Precious wood up to 1 meter3 Firewood from over 8 Ster to 20 Ster.3 Other forest products with a value from VND 100,000 to VND 500,000 (based on local market prices).
Other forest products with a value from over VND 1,500,000 to VND 6,000,000 (based on local market prices).3 Other forest products with a value from VND 100,000 to VND 500,000 (based on local market prices).
Common wood from over 0.7 meters
Precious wood up to 0.7 meters
Other forest products with a value up to VND 200,000 (based on local market prices).
Firewood from over 5 Ster to 15 Ster.3 Other forest products with a value from VND 2,000,000 to VND 10,000,000 (based on local market prices).3 Other forest products with a value from VND 100,000 to VND 500,000 (based on local market prices).
Other forest products with a value from over VND 1,000,000 to VND 4,000,000 (based on local market prices).3 Other forest products with a value from VND 100,000 to VND 500,000 (based on local market prices).
4. A fine from VND 2,000,000 to VND 10,000,000 if there is one of the following violations:
Common wood from over 3 meters
Precious wood from over 1 meter
Firewood up to 2 Ster.
Firewood from over 20 Ster to 30 Ster.3 to 10 m3 Other forest products with a value from VND 100,000 to VND 500,000 (based on local market prices).
Other forest products with a value from over VND 6,000,000 to VND 25,000,000 (based on local market prices).3 Other forest products with a value from VND 10,000,000 to VND 20,000,000 (based on local market prices).3 Other forest products with a value from VND 100,000 to VND 500,000 (based on local market prices).
Common wood from over 2 meters
to 6 meters
Other forest products with a value up to VND 200,000 (based on local market prices).
Precious wood from over 0.7 meters3 Firewood from over 15 Ster to 25 Ster.3 Other forest products with a value from VND 100,000 to VND 500,000 (based on local market prices).
Other forest products with a value from over VND 4,000,000 to VND 15,000,000 (based on local market prices).3 Firewood from over 8 Ster to 20 Ster.3 Other forest products with a value from VND 100,000 to VND 500,000 (based on local market prices).
5. A fine from VND 10,000,000 to VND 20,000,000 if there is one of the following violations:
Common wood from over 10 meters
to 15 meters
Firewood up to 2 Ster.
Precious wood from over 4 meters3 to 7 meters3 Other forest products with a value from VND 100,000 to VND 500,000 (based on local market prices).
Firewood from over 30 Ster to 50 Ster.3 Other forest products with a value from over VND 25,000,000 to VND 50,000,000 (based on local market prices).3 Other forest products with a value from VND 100,000 to VND 500,000 (based on local market prices).
Common wood from over 6 meters
Precious wood from over 3 meters
Other forest products with a value up to VND 200,000 (based on local market prices).
Firewood from over 25 Ster to 40 Ster.3 to 10m3 Other forest products with a value from VND 100,000 to VND 500,000 (based on local market prices).
Other forest products with a value from over VND 15,000,000 to VND 25,000,000 (based on local market prices).3 to 2 meters3 Other forest products with a value from VND 100,000 to VND 500,000 (based on local market prices).
6. In cases of unauthorized logging of young trees that cannot be measured individually by cubic meters.
Timber other than specified above with a value from over 15,000,000 VND to 25,000,000 VND (according to the local market price).
6. In cases of illegally exploiting young forest trees where the volume of each tree cannot be measured in cubic meters.3 then measure the area that has been cut down and transfer it for handling under the act of "illegal deforestation" as stipulated in Clause 1, Article 1 of this Decree; if logging scattered trees where the area cut down cannot be calculated, then aggregate the number of trees cut down measured in Ster and convert to meters.3 and depending on the type of wood, impose penalties according to the provisions in Sections 1, 2, 3, 4, 5 of Clause 2, Article 1 of this Decree.
7. A person committing a violation who logs forest products with two types of wood (common and precious), the total volume exceeding the maximum limit for common wood as specified in Point a, b, Section 5, Clause 2, Article 1 of this Decree shall be criminally prosecuted.
8. A person committing a violation as provided for in this Article, in addition to being warned or fined, shall also be subject to additional penalties, applying the following measures:
a) Revoking the logging permit.
b) Confiscating forest products, means, and tools used to commit administrative violations.
c) Ordering replanting of the forest or bearing the cost of replanting the forest.
9. The revocation of the logging permit as provided for in Point a, Section 8, Clause 2, Article 1 of this Decree shall be decided by the authority responsible for handling administrative violations.
The confiscation of forest products, means, and tools used to commit administrative violations as provided for in Point b, Section 8, Clause 2, Article 1 of this Decree shall be implemented according to the provisions in Section 12, Clause 9, Article 1 of this Decree. "
3. Amend and supplement Article 6 as follows:
"Article 6. The act of illegally burning forests outside designated areas for shifting cultivation causing damage to different types of forests shall be punished as follows:
Common wood up to 0.5 meters
a) Burning up to 0.1 hectares of production forests.
b) Burning up to 0.05 hectares of protective forests.
c) Burning up to 0.02 hectares of special-use forests.
Other forest products with a value from over VND 300,000 to VND 1,500,000 (based on local market prices).
a) Burning from over 0.1 hectares to 0.3 hectares of production forests.
b) Burning from over 0.05 hectares to 0.1 hectares of protective forests.
c) Burning from over 0.02 hectares to 0.05 hectares of special-use forests.
3. Imposing a fine from VND 500,000 to VND 1,000,000 if there is any of the following violations:
a) Burning from over 0.3 hectares to 0.5 hectares of production forests.
b) Burning from over 0.1 hectares to 0.2 hectares of protective forests.
c) Burning from over 0.05 hectares to 0.1 hectares of special-use forests.
4. A person committing a violation as provided for in this Article, in addition to being warned or fined, shall also be subject to additional penalties applying the following measures:
a) Confiscating forest products, means, and tools used to commit administrative violations.
2. Amending and supplementing Article 5
5. The confiscation of forest products, means, and tools used to commit administrative violations as provided for in Point a, Section 4, Clause 3 of this Article shall be implemented according to the provisions in Section 12, Clause 9, Article 1 of this Decree."
4. Amend and supplement Article 7 as follows:
"Article 7. Violations of regulations on forest fire prevention and control are acts violating regulations on forest fire prevention and control or causing forest fires and shall be punished as follows:
1. Warning or imposing a fine from VND 50,000 to VND 200,000 if there is any of the following violations:
a) Lighting fires in forests where lighting fires is prohibited.
b) Bringing explosives or flammable materials into forests where such items are prohibited.
c) Throwing or releasing fire residues into forests where such actions are prohibited.
2. Imposing a fine from VND 500,000 to VND 2,000,000 when the forest owner violates the laws on forest fire prevention and control.
3. Imposing a fine from over VND 200,000 to VND 2,000,000 when there is any of the following violations causing damage to the area of each type of forest as follows:
a) Production forests up to 0.2 hectares.
b) Protective forests up to 0.1 hectares.
c) Special-use forests up to 0.05 hectares.
4. Imposing a fine from over VND 2,000,000 to VND 10,000,000 when there is any of the following violations causing damage to the area of each type of forest as follows:
a) Production forests from over 0.2 hectares to 0.5 hectares.
b) Protective forests from over 0.1 hectares to 0.3 hectares.
c) Special-use forests from over 0.05 hectares to 0.2 hectares.
5. Imposing a fine from over VND 10,000,000 to VND 20,000,000 when there is any of the following violations causing damage to the area of each type of forest as follows:
a) Production forests from over 0.5 hectares to 1 hectare.
b) Protective forests from over 0.3 hectares to 0.5 hectares.
c) Special-use forests from over 0.2 hectares to 0.3 hectares.
6. A person committing a violation as provided for in this Article, in addition to being warned or fined, shall also be ordered to replant the forest or bear the cost of replanting the forest."
5. Amend and supplement Article 8 as follows:
"Article 8. Violations of regulations on forest pest and disease control are acts of the forest owner not fully implementing measures for pest and disease control in forests and shall be punished as follows:
1. Warning or imposing a fine from VND 200,000 to VND 2,000,000 if there is any of the following violations:
a) The forest owner does not organize timely inspections to detect pests and diseases in the forest.
b) The forest owner, upon discovering pests and diseases that pose a threat to the forest, does not organize eradication or report promptly to the competent authority for resolution.
2. Imposing a fine from over VND 100,000 to VND 1,000,000 on the forest owner using pesticides not listed in the State's approved list.
3. A person committing a violation as provided for in this Article, in addition to being warned or fined, shall also be ordered to rectify the consequences caused by pests and diseases."
6. Amend and supplement Article 9 as follows:
"Article 9. Illegally grazing livestock in forests is the act of grazing livestock in forest areas where grazing is prohibited and shall be punished as follows:
1. Warning or imposing a fine from VND 50,000 to VND 200,000 for grazing livestock in newly planted young forests, newly planted forests, and specially protected forests that have been closed for regeneration and are prohibited from grazing.
2. A person committing a violation as provided for in this Article, in addition to being warned or fined, shall also be ordered to replant the forest or bear the cost of replanting the forest."
7. Amend and supplement Article 10 as follows:
"Article 10. Violations of regulations on wildlife protection are acts of hunting, killing, buying, selling, storing, keeping, transporting, and using wild animals (including rare and precious species and common species, including products derived from these species) originating from nature without permission from the competent state authorities or with permission but violating the management regulations on wildlife and shall be punished as follows:
1. Warning or imposing a fine from VND 100,000 to VND 500,000 if there is any of the following violations:
a) Not having a permit issued by the competent state authorities for hunting, buying, selling, or transporting wild animals.
b) Using destructive methods or tools: firearms, poison, explosives, electric shocks, nets, audio recordings, ...
2. A warning or a fine from 500,000 dong to 1,000,000 dong shall be imposed if there is any of the following violations:
a) Hunting wild animals in prohibited areas.
b) Hunting wild animals during prohibited periods (breeding season).
3. A fine from 1,000,000 dong to 5,000,000 dong shall be imposed if there is any of the following hunting, purchasing, selling, storing, keeping, transporting, or using violations involving rare and common wild animals (including products of these species):
a) Common wild animals valued up to 10,000,000 dong (based on local market prices).
b) Rare wild animals (Group IIB) valued up to 5,000,000 dong (based on local market prices).
c) Insects with a quantity of samples from 50 to 500 samples.
4. A fine from 5,000,000 dong to 15,000,000 dong shall be imposed if there is any of the following hunting, killing, purchasing, selling, storing, keeping, transporting, or using violations involving rare and common wild animals (including products of these species):
a) Common wild animals valued from 10,000,000 dong to 25,000,000 dong (based on local market prices).
b) Rare wild animals (Group IIB) valued from 5,000,000 dong to 15,000,000 dong (based on local market prices).
c) Insects with a quantity of samples from 500 to 1,000 samples.
5. A fine from 15,000,000 dong to 35,000,000 dong shall be imposed if there is any of the following hunting, killing, purchasing, selling, storing, keeping, transporting, or using violations involving rare and common wild animals (including products of these species):
a) Common wild animals valued from 25,000,000 dong to 50,000,000 dong (based on local market prices).
b) Rare wild animals (Group IIB) valued from 15,000,000 dong to 30,000,000 dong (based on local market prices).
c) Insects with a quantity of samples from 1,000 to 2,000 samples.
6. A fine from 35,000,000 dong to 50,000,000 dong shall be imposed if there is any of the following hunting, killing, purchasing, selling, storing, keeping, transporting, or using violations involving rare and common wild animals (including products of these species):
a) Common wild animals valued from 50,000,000 dong to 70,000,000 dong (based on local market prices).
b) Rare wild animals (Group IIB) valued from 30,000,000 dong to 50,000,000 dong (based on local market prices).
c) Insects with a quantity of samples from 2,000 to 3,000 samples.
7. The person operating the vehicle or the owner of the vehicle who uses the vehicle for the illegal transportation of wild animals shall be subject to the forms of handling prescribed in Sections 1, 2, 3, 10, Clause 9, Article 1 of this Decree.
8. Persons committing violations as stipulated in this Article, in addition to being warned or fined, shall also be subject to supplementary penalties as follows:
a) Revocation of hunting, transportation permits, and business registration certificates for wild animals.
b) Confiscation of contraband items, vehicles, and tools used to commit administrative violations.
c) Revocation of business licenses for businesses and specialty restaurants that sell food made from products of various types of wild animals, including rare and common wild animals (of natural origin).
9. The revocation of the aforementioned permits as stipulated in Point a and Point c, Section 8, Clause 7 of this Article shall be carried out as follows:
For documents not issued by the Forest Protection Authority, the authority handling the violation must prepare a record and transfer it to the competent state agency to issue a decision to revoke. For documents issued by the Forest Protection Authority, the provincial Forest Protection Authority shall issue the decision to revoke.
The confiscation of contraband items, vehicles, and tools used to commit administrative violations as stipulated in Point b, Section 8, Clause 7, this Article shall be carried out according to the provisions of Section 12, Clause 9, Article 1 of this Decree."
8. Amend and supplement Article 11 as follows:
"Article 11. Causing damage to forest land is the act of digging, excavating, blasting, leveling to extract soil and rocks, constructing dams to block water sources, draining water, discharging toxic substances into forest land without permission from the competent state authorities, which shall be punished as follows:
1. A warning or a fine from 100,000 dong to 500,000 dong shall be imposed for the act of digging, excavating, blasting, causing damage to forest land.
2. A fine from 500,000 dong to 2,000,000 dong shall be imposed for the act of leveling, extracting soil and rocks, constructing dams to block water sources, disrupting ecological balance, and destroying the forest ecosystem.
3. A fine from 2,000,000 dong to 10,000,000 dong shall be imposed for the acts of discharging toxic substances, burying toxic substances, or leaving toxic substances in forest land.
4. Persons committing violations as stipulated in this Article, in addition to being warned or fined, shall also be subject to supplementary penalties as follows:
a) Confiscation of vehicles and tools used to commit administrative violations, carried out according to the provisions of Section 12, Clause 9, Article 1 of this Decree.
b) Compelling the violator to remedy the consequences or bear the costs of remedying the consequences.
c) If damage to the forest is caused, they shall also be handled according to Clause 1, Article 1 of this Decree.
9. Article 12 is amended, supplemented, and divided into two articles as follows:
"Article 12a. Illegally transporting timber is the act of the person operating the vehicle or the owner of the vehicle transporting ordinary timber or precious timber for themselves or carrying it for others without lawful documents as prescribed by law or with lawful documents but transporting it incorrectly in size, type, or exceeding the volume (according to the specified ratio) compared to the transport documents for timber, which shall be punished as follows:
1. A warning or a fine from 100,000 dong to 200,000 dong shall be imposed for the act of illegally transporting timber by the person operating the vehicle or the owner of the vehicle using simple vehicles or animal-drawn carts to transport timber illegally.
2. A fine of more than VND 200,000 to VND 2,000,000 shall be imposed on the person in charge or the owner of the means of transport for illegally transporting forest products such as: farm trucks, automobiles, trains, ships, motorcycles, boats, or rafts.
3. A fine of more than VND 2,000,000 to VND 5,000,000 shall be imposed on the person in charge of the means of transport for illegally transporting forest products if they commit any of the following violations:
a) Using fake license plates or lacking registration certificates issued by authorized agencies.
b) Modifying vehicles to have double compartments, double bottoms, or double roofs to conceal forest products.
c) Using passenger cars, tourist cars, passenger-carrying vehicles, or other specialized vehicles to illegally transport forest products.
d) Taking advantage of cargo transportation to conceal forest products under goods.
4. A warning or a fine of from VND 100,000 to VND 200,000 shall be imposed if the owner of forest products organizes or participates in the illegal transportation of forest products with any of the following violations:
ordinary wood up to 0.5 meters3 Other forest products with a value from VND 100,000 to VND 500,000 (based on local market prices).
precious wood up to 0.1 meters3 Other forest products with a value from VND 100,000 to VND 500,000 (based on local market prices).
firewood up to 3 cubic meters
other forest products with a value up to VND 1,000,000 (based on local market prices).
5. A fine of more than VND 200,000 to VND 2,000,000 shall be imposed if the owner of forest products organizes or participates in the illegal transportation of forest products with any of the following violations:
ordinary wood over 0.5 meters3 Other forest products with a value from VND 2,000,000 to VND 10,000,000 (based on local market prices).3 Other forest products with a value from VND 100,000 to VND 500,000 (based on local market prices).
precious wood from 0.1 meters to 1 meter3 Other forest products with a value from VND 100,000 to VND 500,000 (based on local market prices).
firewood from 3 cubic meters to 15 cubic meters
other forest products with a value from VND 1,000,000 to VND 5,000,000 (based on local market prices).
6. A fine of more than VND 2,000,000 to VND 10,000,000 shall be imposed if the owner of forest products organizes or participates in the illegal transportation of forest products with any of the following violations:
ordinary wood over 2 meters3 to 10 m3 Other forest products with a value from VND 100,000 to VND 500,000 (based on local market prices).
precious wood over 1 meter3 Other forest products with a value from VND 10,000,000 to VND 20,000,000 (based on local market prices).3 Other forest products with a value from VND 100,000 to VND 500,000 (based on local market prices).
firewood from 15 cubic meters to 30 cubic meters
other forest products with a value from VND 5,000,000 to VND 20,000,000 (based on local market prices).
7. A fine of more than VND 10,000,000 to VND 20,000,000 shall be imposed if the owner of forest products organizes or participates in the illegal transportation of forest products with any of the following violations:
ordinary wood over 10 meters3 to 7 meters3 Other forest products with a value from VND 100,000 to VND 500,000 (based on local market prices).
precious wood over 4 meters3 Other forest products with a value from over VND 25,000,000 to VND 50,000,000 (based on local market prices).3 round timber.
firewood from 30 cubic meters to 50 cubic meters
other forest products with a value from VND 20,000,000 to VND 30,000,000 (based on local market prices).
8. A fine of more than VND 20,000,000 to VND 30,000,000 shall be imposed if the owner of forest products organizes or participates in the illegal transportation of forest products with any of the following violations:
ordinary wood over 15 meters3 to 20 meters3 Other forest products with a value from VND 100,000 to VND 500,000 (based on local market prices).
precious wood over 7 meters3 to 10 m3 Other forest products with a value from VND 100,000 to VND 500,000 (based on local market prices).
firewood from 50 cubic meters to 60 cubic meters
other forest products with a value from VND 30,000,000 to VND 50,000,000 (based on local market prices).
9. If the owner of forest products organizes or participates in the illegal transportation of forest products and commits violations involving two types of wood (ordinary and precious) as specified in Point a, Section 8, Clause 9 of this Article, and the total volume exceeds the maximum limit set out in Point a, Section 8, Clause 9 of this Article, criminal responsibility shall be pursued., b, Section 8, Clause 9 of this Article.
10. In cases where the owner of the means of transport or the person in charge of the means of transport for illegally transporting forest products cannot prove the owner of the forest products, the owner of the means of transport or the person in charge of the means of transport shall be treated as the owner of the forest products and subject to corresponding penalties.
11. In addition to being warned or fined, persons who violate the provisions of this Article shall also be subject to supplementary penalties as follows:
a) Revocation of special forest product transportation permits and wildlife transportation permits.
b) Confiscation of wood, forest products, and means of transport used for administrative violations.
12. The revocation of special forest product transportation permits and wildlife transportation permits as stipulated in Point a, Section 11, Clause 9 of this Article, and the confiscation of means of transport used for administrative violations as stipulated in Point b, Section 11, Clause 9 of this Article, shall be decided by the competent authority handling administrative violations according to current regulations.
The confiscation of wood and forest products as stipulated in Point b, Section 11, Clause 9 of this Article shall be handled as follows:
If the wood and forest products seized from state-owned forest farms (state-owned forest enterprises, organizations, households, and individuals) are handed over to the forest owners after a complete record of the handling process has been made by the Forest Protection Agency. The forest owner is responsible for allocating a portion of the proceeds to establish a fund against illegal logging and forest product smuggling and transferring it to the Forest Protection Agency according to current regulations.
If the origin of the seized wood and forest products cannot be determined, they are not legal, or the violator cannot be identified, the competent authority handling administrative violations shall issue a decision to confiscate and handle them according to current regulations.
10. Supplement Article 12b as follows:
"Article 12b. Illegally buying and selling forest products, including acts of purchasing, selling, and storing ordinary forest products and precious forest products without proper documentation, failing to prove the legality of the forest products, or having purchase and sale documents that are incorrect in size, species, quantity, or volume (according to the prescribed ratio) compared to legitimate purchase and sale documents, shall be punished as follows:
1. A warning or a fine of from VND 100,000 to VND 200,000 shall be imposed on those involved in buying and selling forest products if they commit any of the following violations:
a) Ordinary wood up to 1 meter3 Other forest products with a value from VND 100,000 to VND 500,000 (based on local market prices).
b) Precious wood up to 0.2 meters3 Other forest products with a value from VND 100,000 to VND 500,000 (based on local market prices).
c) Firewood up to 5 cubic meters.
other forest products with a value up to VND 1,000,000 (based on local market prices).
2. A fine of more than VND 200,000 to VND 2,000,000 shall be imposed on those involved in buying and selling forest products if they commit any of the following violations:
a) Ordinary wood over 1 meter3 to 2 meters3 Other forest products with a value from VND 100,000 to VND 500,000 (based on local market prices).
b) Precious wood over 0.2 meters3 Firewood from over 4 Ster to 10 Ster.3 Other forest products with a value from VND 100,000 to VND 500,000 (based on local market prices).
c) Firewood from 5 cubic meters to 20 cubic meters.
d) Other forest products with a value from VND 1,000,000 to VND 5,000,000 (based on local market prices).
3. A fine of more than VND 2,000,000 to VND 10,000,000 shall be imposed on those involved in buying and selling forest products if they commit any of the following violations:
a) Ordinary wood over 5 meters3 to 10 m3 Other forest products with a value from VND 100,000 to VND 500,000 (based on local market prices).
precious wood over 1 meter3 Other forest products with a value from VND 10,000,000 to VND 20,000,000 (based on local market prices).3 Other forest products with a value from VND 100,000 to VND 500,000 (based on local market prices).
c) Firewood from 20 cubic meters to 40 cubic meters.
other forest products with a value from VND 5,000,000 to VND 20,000,000 (based on local market prices).
4. A fine of more than VND 10,000,000 to VND 20,000,000 shall be imposed on those involved in buying and selling forest products if they commit any of the following violations:
ordinary wood over 10 meters3 up to 18 meters3 Other forest products with a value from VND 100,000 to VND 500,000 (based on local market prices).
precious wood over 4 meters3 to 4 meters3 Other forest products with a value from VND 100,000 to VND 500,000 (based on local market prices).
c) Firewood from 40 cubic meters to 60 cubic meters.
other forest products with a value from VND 20,000,000 to VND 30,000,000 (based on local market prices).
5. A fine of more than VND 20,000,000 to VND 30,000,000 shall be imposed on those involved in buying and selling forest products if they commit any of the following violations:
a) Ordinary wood over 18 meters3 up to 25 meters3 Other forest products with a value from VND 100,000 to VND 500,000 (based on local market prices).
b) Precious wood over 8 meters3 up to 12 meters3 Other forest products with a value from VND 100,000 to VND 500,000 (based on local market prices).
c) Firewood from 60 cubic meters to 70 cubic meters.
other forest products with a value from VND 30,000,000 to VND 50,000,000 (based on local market prices).
6. A person participating in buying or selling forest products who commits violations involving two types of wood (common and precious) as specified in Point a, b, Section 5, Clause 10, Article this, with the total volume exceeding the maximum level prescribed in Point a, Section 5, Clause 10, Article this shall be referred for criminal responsibility.
7. In addition to being warned or fined, a person committing violations as stipulated in this Article shall also be subject to supplementary penalties as follows:
Confiscation of forest products and means of transport used for administrative violations shall be carried out in accordance with the provisions of Section 12, Clause 9, Article 1 of this Decree. "
11. Amend and supplement Article 13 as follows:
"Article 13. Violations related to processing wood and forest products:
1. A fine of from VND 1,000,000 to VND 5,000,000 shall be imposed on any of the following violations when processing wood and forest products for customers without valid origin certificates for wood and forest products.
2. If wood and forest products brought for processing lack proof of legal extraction and trade, they shall be handled according to the provisions of Clause 10, Article 1 of this Decree.
3. In addition to fines, a person committing violations as stipulated in this Article shall have their forest products and means of transport used for administrative violations confiscated. Implementation shall be carried out in accordance with the provisions of Section 12, Clause 9, Article 1 of this Decree."
12. Amend and supplement Article 23 as follows:
"Article 23. Principles of Administrative Sanctions:
1. The authority responsible for imposing sanctions, after identifying the violation and its severity, must base their decision on the provisions of Clause 5, Article 3 of the Administrative Violation Handling Ordinance and Clauses 1 and 2, Article 3 of Government Decree No. 77/CP dated November 29, 1996 on administrative sanctions in the field of forest management, forest protection, and forest product management to consider and resolve appropriate forms and levels of sanctions.
2. An administrative violation shall only be sanctioned once.
a) If a person commits multiple administrative violations, each violation shall be sanctioned separately.
b) Multiple persons jointly committing an administrative violation shall each be subject to a penalty.
If the violations fall under the jurisdiction of a certain level, that level shall decide on the sanction. If among the violations there is one that falls under the jurisdiction of a higher level, the entire case file shall be transferred to the higher level for handling.
The decision to impose sanctions shall apply procedures as stipulated in Article 48 of the Administrative Violation Handling Ordinance."
13. Amend and supplement Clause 1 and 2, Article 25 as follows:
"1. Forest products extracted, bought, sold, stored, or transported without proof of legal extraction and trade, or with legal certificates but with incorrect dimensions, species, or exceeding quantities and volumes compared to the certificates, shall be confiscated and processed according to the provisions of Section 12, Clause 9, Article 1 of this Decree.
2. Means of transport used for illegally transporting forest products in the following cases (including those owned by the state), shall be confiscated according to the provisions of Section 12, Clause 9, Article 1 of this Decree.
a) Organized violations, repeated violations, or recidivism, resisting public officials, intentionally evading forest rangers' checkpoints.
b) Transporting rare wild plants and animals and common wild plants and animals (of natural origin).
c) Using fake vehicle registration plates, vehicles without registration certificates issued by competent authorities, making double-bottomed or double-roofed vehicles to conceal forest products, taking advantage of carrying goods to hide wood and forest products."
14. Amend and supplement Article 29 as follows:
"Article 29. Complaints and Reports:
1. Organizations and individuals subjected to administrative violation prevention measures as stipulated in Articles 38, 39, 41, 42, 43, and 44 of the Administrative Violation Handling Ordinance or administratively sanctioned in the field of forest management, forest protection, and forest product management have the right to complain to the agency issuing the administrative decision or the agency where the violator works if the complainant has grounds to believe that the issuance of such preventive measures is illegal and infringes upon their legitimate rights and interests.
2. Every citizen has the right to report to state agencies about violations of laws in the fields of forest management, forest protection, and forest product management and persons authorized to handle administrative violations.
3. Upon receiving complaints and reports from organizations and individuals, the authority responsible for handling complaints and reports must base their resolution on the Law on Complaints and Reports and relevant legal documents."
Article 2. The Minister of Agriculture and Rural Development is responsible for guiding the implementation of this Decree.
Article 3. This Decree takes effect 15 days after the date of signature. Articles: from Article 4 to Article 13, Clause 1, 2 of Article 25 and Article 29 of Government Decree No. 77/CP dated November 29, 1996 cease to be effective.
Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree.
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