Circular No. 23-BLN/KL guiding the administrative handling of speculative, smuggling, storing, transporting, and illegally trading forest products.

CIRCULAR

OF THE MINISTRY OF FORESTRY NUMBER 23-BLN/KL ON OCTOBER 8, 1984
GUIDELINES FOR HANDLING VIOLATIONS WITH ADMINISTRATIVE MEASURES
INCLUDING SPECULATIVE ACTS, SMUGGLING, HOARDING, TRANSPORTATION,
ILLEGAL TRADE IN FOREST PRODUCTS.

The power to impose administrative penalties on violations of forest protection laws by forestry rangers has been stipulated in Articles 16, 21, and 23 of the Ordinance on Forest Protection, specifically detailed in Decree No. 101-CP dated May 21, 1973 of the Council of Ministers regulating the organizational system and tasks and powers of the forestry ranger force.

Based on Decree No. 46-HĐBT dated May 10, 1983 of the Council of Ministers regarding handling violations with administrative measures, including speculative acts, smuggling, counterfeiting, and illegal trade, and Circular No. 1-TTLB dated January 25, 1984 of the Joint Ministry of Justice-Finance guiding the implementation of the aforementioned decree.

To strengthen management of the circulation and distribution of forest products, the Ministry of Forestry issues this circular to provide specific guidelines for handling violations with administrative measures, including speculative acts, smuggling, hoarding, transportation, and illegal trade in forest products.

PART I
GENERAL PROVISIONS

1. All speculative acts, smuggling, hoarding, transportation, and illegal trade in forest products that constitute minor violations shall be handled with administrative measures according to the provisions of this circular.

2. Minor violations refer to cases where the value of the illegally traded forest products is under 20,000 dong; the nature of the violation is not serious; it does not cause significant damage to forest resources; when discovered, the violator does not take actions against forestry rangers.

3. The objects of forest products subject to speculative acts, smuggling, hoarding, transportation, and illegal trade include:

- Timber and other forest products, specialties harvested from state-owned forests, collective forests, and individual forests assigned by the state for protection and business operations.

- Various types of wild animals.

- Newly made wooden products made from forest timber with illegal sources of use and sale.

4. The contents of violations are based on Circular No. 6-TTLN dated December 20, 1982 of the Joint Supreme People's Court-Supreme Procuracy-Ministry of Justice-Ministry of Interior guiding the implementation of the Ordinance on Punishing Speculative Acts, Smuggling, Counterfeiting, and Illegal Trade, and based on actual handling of forestry violations, the Ministry of Forestry specifies:

a) Speculative acts involving forest products are taking advantage of difficulties or creating difficulties in harvesting and supplying forest products; taking advantage of loopholes in forest resource management and unified material management; using state agency or social organization documents to purchase large amounts of timber and forest products with the aim of reselling at higher prices; regardless of whether they are sold immediately or stored for future resale, aiming to illegally profit.

b) Smuggling, hoarding forest products involve buying and selling or storing in houses, ponds, caves, pits, regardless of personal use or illegal trading of various types of timber, forest specialties, rare wild animals under state monopoly, prohibited for private individuals and non-forestry sector organizations to trade and store, such as timber groups 1 to 8 (including round logs and sawn timber); bamboo, pine, oak, rattan, reed harvested from forests; forest specialties; including processed products from forest specialties; rare wild animals and their ivory, bones, skin, hair, honey, etc. For the case of ethnic minorities in the Central Highlands luring wild elephants for domestication; transportation and circulation of timber and other forest products extracted from state-owned forests allocated to collectives and individuals for protection and business operations, the Ministry of Forestry will specify in another document.

c) Illegally transporting forest products involves transporting by road, waterway, railway, air, postal services various types of timber, forest products, specialties, rare wild animals under state monopoly and other forest products, if:

- Origin is illegal.

- Origin is legal but lacks the required transportation documents according to current regulations;

- Origin is legal with complete transportation documents, but exceeds the permitted volume limit (round wood error not exceeding 5%), wrong species, wrong route specified in the permit.

d) Illegally trading forest products involves production (processing), buying, and selling timber and forest products, specialties in violation of commercial management systems such as lack of business license, trading inconsistent with the license content, failure to display prices, raising prices above the displayed price, evading taxes, or using other deceptive methods to mislead state agencies and consumers.

5. If the person penalized appeals the decision of the competent forestry ranger authority, the People's Committee at the same level will examine and resolve according to Article 21 of the Ordinance on Forest Protection.

PART II
AUTHORITY TO HANDLE VIOLATIONS

I. For minor violations related to speculative acts involving timber, forest products, specialties (referred to as forest products) or valuable distribution and transportation documents mentioned in Article 4 of Decree No. 46-HĐBT, the authority and measures for handling are as follows:

1. Authority to handle. The head of the district-level forestry ranger station handles violations with a value of illegally traded goods under 10,000 dong. The provincial-level forestry ranger station chief, the head of the provincial-level forestry ranger station directly under the central government, handles violations with a value of illegally traded goods under 20,000 dong.

2. Penalties:

- Fine from three to five times the value of the illegally traded goods.

- Purchase all illegally traded goods at the state purchase price if it is the first offense, the illegally traded goods are forest products, specialties not prohibited for private trade, and the value of the illegally traded forest products is under 10,000 dong; simultaneously, the violator must pay forest nurturing fees for the purchased forest products.

- Confiscate all illegally traded forest products if they have been penalized and still violate, the illegally traded goods are those under state monopoly prohibiting private trade or are valuable distribution and transportation documents.

If it is necessary to revoke the business license, the handling agency proposes to the People's Committee at the same level for examination and decision.

II. FOR SMALL VIOLATIONS OF SMUGGLING, HOARDING, ILLEGAL TRANSPORTATION OF FOREST PRODUCTS THAT ARE STATE MONOPOLY GOODS AND PROHIBITED FROM PRIVATE TRADE AS PROVIDED IN ARTICLE 5 OF DECREE 46-HĐBT AND POINT 3, SECTION I, PART I OF CIRCULAR NO. 1-TTLB, THE AUTHORITY AND MEASURES TO HANDLE SUCH VIOLATIONS ARE AS FOLLOWS:

1. AUTHORITIES AT ALL LEVELS:

- HEADS OF PEOPLE'S FORESTRY INSPECTION STATIONS, FORESTRY PRODUCT CONTROL STATIONS, HEADS OF PEOPLE'S FORESTRY INSPECTION TRAMS, AND FORESTRY PRODUCT CONTROL TRAMS UNDER THE PROVINCE PEOPLE'S FORESTRY INSPECTION BRANCH OR PROVINCE FORESTRY INSPECTION BRANCH SHALL HANDLE CASES OF VIOLATIONS WITH THE VALUE OF ILLEGAL GOODS UNDER 10,000 DONG.

- HEADS OF PROVINCE PEOPLE'S FORESTRY INSPECTION BRANCHES SHALL HANDLE CASES OF VIOLATIONS WITH THE VALUE OF ILLEGAL GOODS UNDER 20,000 DONG.

2. PENALTY MEASURES:

- SEIZURE OF ALL ILLEGAL FORESTRY PRODUCTS AND MEANS OF TRANSPORTATION AND TOOLS USED BY THE VIOLATOR TO STORE AND TRANSPORT FORESTRY PRODUCTS.

- FINES RANGING FROM ONE TO TWO TIMES THE VALUE OF ILLEGAL GOODS IF IT IS A FIRST TIME VIOLATION.

- FINES RANGING FROM THREE TO FIVE TIMES THE VALUE OF ILLEGAL GOODS IF IT IS A REPEAT VIOLATION.

IF CONSIDERED NECESSARY TO REVOKE THE BUSINESS LICENSE OF THE VIOLATOR, THE FORESTRY ADMINISTRATION BODY SHALL SUBMIT A PROPOSAL TO THE SAME LEVEL PEOPLE'S COMMITTEE FOR REVIEW AND DECISION. 3. SPECIFICALLY, FOR WOOD AND FORESTRY PRODUCTS IN THE PLANS OF FORESTRY FARMS, FORESTRY INDUSTRIAL ASSOCIATIONS, AND FORESTRY PROCESSING AND SUPPLY ASSOCIATIONS, IF DISCOVERED:

a) CARRYING MORE THAN 5% OVER THE ALLOWABLE ERROR IN VOLUME, OR DIFFERENCES IN TREE IDENTIFICATION NUMBERS OR TYPES, THEN A RECORD SHALL BE MADE AND THE EXCESS VOLUME AND DIFFERENCES SHALL BE ADDED TO THE OUTBOUND WAREHOUSE AND TRANSPORTATION FORM, WHILE NOTICING THE ISSUING AND RECEIVING UNITS ABOUT THE RECALCULATION.

b) CARRYING MORE TREES OR LOGS THAN LISTED ON THE OUTBOUND WAREHOUSE AND TRANSPORTATION FORM, THEN A RECORD SHALL BE MADE, THE ILLEGALLY CARRIED TREES OR LOGS SHALL BE SEIZED, AND THE TRANSPORTATION UNIT SHALL BE NOTIFIED.

c) IN BOTH CASES a AND b ABOVE, THE FORESTRY PRODUCT CONTROL UNITS MUST QUICKLY CHECK AND RELEASE THE VEHICLES QUICKLY.

III. FOR SMALL VIOLATIONS OF ILLEGAL FORESTRY PRODUCT TRADING, THE AUTHORITY AND PENALTY MEASURES ARE AS FOLLOWS:

1. HEADS OF MOBILE CONTROL TEAMS UNDER PROVINCE PEOPLE'S FORESTRY INSPECTION BRANCHES, HEADS OF COUNTY PEOPLE'S FORESTRY INSPECTION BRANCHES, HEADS OF PEOPLE'S FORESTRY INSPECTION TRAMS, AND FORESTRY PRODUCT CONTROL TRAMS UNDER COUNTY PEOPLE'S FORESTRY INSPECTION BRANCHES, COUNTY FORESTRY PRODUCT CONTROL BRANCHES, WITH THE DELEGATED POWER FROM THEIR SUPERIOR BODIES, ARE PERMITTED TO HANDLE SMALL CASES OF ILLEGAL FORESTRY PRODUCT TRADING, INCLUDING FOREST SPECIALTY VIOLATIONS FOR THE FIRST TIME; WITHOUT MULTIPLE SIMULTANEOUS VIOLATIONS, WITH SMALL AMOUNTS OF PROFITS FROM ILLEGAL TRADING, AND WITHOUT FORESTRY PRODUCTS THAT ARE STATE MONOPOLY GOODS OR EVADING FORESTRY ADMINISTRATION CONTROL. WITHIN THIS SCOPE, THE AUTHORITIES AT EACH LEVEL AS PRESCRIBED HAVE THE RIGHT TO IMPOSE:

- WARNING WITHIN THE INDUSTRY, COMMUNITY, OR VILLAGE.

- FINES FROM 100 DONG TO 500 DONG.

2. FOR VIOLATIONS OF ILLEGAL FORESTRY PRODUCT TRADING WITH FACTORS EXCEEDING THE SCOPE MENTIONED ABOVE, THE AUTHORITY AND PENALTY MEASURES ARE AS FOLLOWS:

a) HEADS OF COUNTY PEOPLE'S FORESTRY INSPECTION BRANCHES HAVE THE AUTHORITY:

- WARNING WITHIN THE INDUSTRY, COMMUNITY, OR VILLAGE.

- TO IMPOSE FINES FROM 100 DONG TO 2,000 DONG IF IT IS A FIRST TIME VIOLATION.

- TO IMPOSE FINES FROM 500 DONG TO 5,000 DONG IF THEY ARE VIOLATING AGAIN AFTER BEING HANDLED.

b) HEADS OF PROVINCE PEOPLE'S FORESTRY INSPECTION BRANCHES HAVE THE AUTHORITY:

- WARNING WITHIN THE INDUSTRY, COMMUNITY, OR VILLAGE.

- TO IMPOSE FINES FROM 100 DONG TO 5,000 DONG IF IT IS A FIRST TIME VIOLATION.

- TO IMPOSE FINES FROM 500 DONG TO 10,000 DONG IF THEY ARE VIOLATING AGAIN AFTER BEING HANDLED.

THE REVOCATION OF THE BUSINESS LICENSE OF THE VIOLATOR IN ANY CASE SHALL BE DECIDED BY THE COUNTY PEOPLE'S COMMITTEE.

PART III
PROCEDURES FOR HANDLING VIOLATIONS

THE ADMINISTRATIVE HANDLING PROCEDURES FOR VIOLATIONS OF FOREST PROTECTION REGULATIONS HAVE BEEN PRESCRIBED IN CIRCULAR NO. 3984-LN/KL DATED OCTOBER 15, 1977.

TO ENSURE THE STRICT IMPLEMENTATION OF DECREE NO. 46-HĐBT OF THE COUNCIL OF MINISTERS, BASED ON CIRCULAR NO. 1-TTLB DATED JANUARY 25, 1984 OF THE MINISTRY OF JUSTICE AND MINISTRY OF FINANCE, THE FORESTRY MINISTRY ADDS SOME HANDLING PROCEDURES FOR VIOLATIONS OF SPECULATIVE ACTIVITIES, SMUGGLING, HOARDING, ILLEGAL TRANSPORTATION, AND ILLEGAL TRADING OF FORESTRY PRODUCTS:

1. WHEN HANDLING SMALL VIOLATIONS OF SPECULATIVE ACTIVITIES, SMUGGLING, HOARDING, ILLEGAL TRANSPORTATION, AND ILLEGAL TRADING, FORESTRY ADMINISTRATION BODIES MUST COMPREHENSIVELY CONSIDER ALL FACTORS PRESCRIBED IN ARTICLE 1 OF DECREE NO. 46-HĐBT AND SPECIFIED IN POINT 2, PART I OF THE GUIDANCE CIRCULAR. IN CASES WHERE VIOLATIONS ARE DIFFICULT TO DETERMINE WHETHER THEY ARE SMALL VIOLATIONS OR CRIMES, THE FORESTRY ADMINISTRATION BODIES MUST DISCUSS WITH THE SAME LEVEL PEOPLE'S PROSECUTOR'S OFFICE TO MAKE A DECISION.

2. WHEN DETAINING AS WELL AS HANDLING AND DECIDING, IT IS NECESSARY TO CLEARLY DEFINE THE ACTIONS PRESCRIBED IN POINT 4, PART I ABOVE; DO NOT MIX UP SPECULATIVE ACTIVITIES, SMUGGLING, HOARDING, ILLEGAL TRANSPORTATION, AND ILLEGAL TRADING OF FORESTRY PRODUCTS WITH TRANSPORTATION AND STORAGE OF FORESTRY PRODUCTS FOR ORDINARY POPULAR NEEDS WHICH ARE NOT PROHIBITED BY LAW.

3. FOR VIOLATIONS DISCOVERED, AFTER COMPLETING THE INITIAL RECORD AND OTHER NECESSARY WORK, THE FORESTRY ADMINISTRATION UNITS OR FORESTRY PRODUCT CONTROL UNITS MUST IMMEDIATELY TRANSFER THE COMPLETE CASE FILE AND EVIDENCE TO THE AUTHORIZED FORESTRY ADMINISTRATION BODY FOR TRIAL AND HANDLING.

4. THE FORESTRY ADMINISTRATION BODIES AND FORESTRY PRODUCT CONTROL UNITS WITH AUTHORITY TO HANDLE VIOLATIONS HAVE THE RESPONSIBILITY AND AUTHORITY TO REQUIRE UNITS OR STAFF MEMBERS OF THE FORESTRY ADMINISTRATION SYSTEM FROM OTHER FUNCTIONAL DEPARTMENTS WHO HAVE DETAINED SMALL VIOLATIONS OF SPECULATIVE ACTIVITIES, SMUGGLING, HOARDING, AND ILLEGAL TRADING OF FORESTRY PRODUCTS TO TIMELY AND FULLY SUBMIT THE CASE FILES AND EVIDENCE.

5. HANDLING MUST BE CAREFULLY CONSIDERED TO CORRECTLY DETERMINE THE NATURE AND GRAVITY OF THE VIOLATION TO DECIDE ON APPROPRIATE PUNISHMENT MEASURES. EVIDENCE THAT IS WOOD, FORESTRY PRODUCTS, AND NATIONAL MONOPOLY FOREST SPECIALTIES MUST BE SEIZED WITHOUT EXCEPTION; FINES CANNOT SUBSTITUTE FOR SEIZURE; EVIDENCE CANNOT BE SOLD BACK TO THE PARTY; SEIZURE AND PURCHASE OF ILLEGAL EVIDENCE AND FINES ARE COMPULSORY MEASURES, AND FINES CANNOT BE LOWER THAN OR HIGHER THAN THE PRESCRIBED AMOUNT.

6. When imposing penalties, the parties concerned must be present. If the parties intentionally fail to appear, the people's forest rangers' agency may proceed with their absence after seeking the opinion of the People's Committee at the same level. The penalty decision must be promptly made within fifteen days from the date of receiving the file or from the date of discovering and recording the violation.

7. When collecting fines, a receipt must be issued to the parties concerned. Money collected on the day of collection must be deposited into a temporary holding account pending resolution. The heads of the people's forest ranger units shall be responsible for all losses and errors regarding money, receipts, and vouchers in the process of collecting and depositing fines within their units.

8. The decisions of the people's forest ranger agencies authorized to handle cases have legal effect. The parties concerned and related agencies must strictly comply with them. If the parties refuse to execute, the people's forest ranger agency handling the violation shall transfer the penalty decision to the local People's Committee or the managing agency of the party concerned so that these agencies can take measures to compel the violator to execute.

9. If a people's forest ranger agency unlawfully detains or handles cases, causing damage to state property or citizens' property, that agency must compensate for the damage according to current regulations. Additionally, if they intentionally abuse their authority or engage in acts such as covering up, colluding, accepting bribes, etc., they will be subject to administrative disciplinary action or prosecution depending on the severity of the violation.

PART IV
SETTLEMENT OF VIOLATION EVIDENCE

A. Step 1. Settlement of evidence while awaiting resolution of the violation case:

I. Method of submitting evidence after detention.

1. Evidence includes forest products, tools, means used in the violation, and documents used for distribution and transportation of forest products. The agency detaining the evidence must submit it to the authorized people's forest ranger agency immediately after detention, temporarily holding it pending resolution.

2. The authorized people's forest ranger agency has the responsibility to:

a) Receive files and evidence of violations involving speculation, smuggling, storage, transportation, and illegal trading of forest products transferred by subordinate forest ranger units and other functional control units.

b) Transfer files and evidence of minor violations involving non-forest product goods discovered and detained during operations to the relevant management agencies as specified in Section I, Part III of Circular No. 1-TTLB issued jointly by the Ministry of Justice and the Ministry of Finance.

3. For perishable forest products such as fresh bamboo shoots, wild animal meat, fresh tree bark, fresh bamboo strips, etc., the forest ranger units must promptly hand over the evidence to the specialized business unit in the locality immediately after detention. The receiving unit is responsible for paying the price according to the local procurement directive without deducting commercial discounts. The proceeds must be immediately deposited into the temporary holding account (Account 651) of the people's forest ranger agency.

II. Regulations on managing evidence while awaiting resolution of the violation.

1. When transferring evidence between both parties in all cases, accurate weighing, measuring, and recording must be done and documented according to regulations.

2. Timber, forest products, and forest specialties held temporarily by the people's forest ranger agencies pending resolution or confiscation must be properly preserved. Each item must be numbered with paint corresponding to the violation record. Records must be updated in ledgers. Monthly and quarterly accounting reports on evidence must be strictly submitted to higher-level management agencies.

3. Any unauthorized use of evidence during temporary holding or after the resolution decision is strictly prohibited. Any loss, damage, or substitution of evidence in forest ranger units must be compensated according to current regulations.

4. The Directors of Forestry Departments are responsible for regularly inspecting the detention and submission of illegal forest product evidence to prevent any possible misuse.

B. Step 2. Settlement of confiscated illegal forest product evidence after resolution:

I. Methods and procedures for submission.

1. The methods and procedures for submitting confiscated illegal forest product evidence are carried out according to Directive No. 44-LN/KL dated October 29, 1977, issued by the Ministry of Forestry.

2. Documents used for distribution and transportation of forest products are handed over to provincial forest ranger inspection bureaus and districts.

3. Tools and means used in the violation, the people's forest ranger agency only confiscates those directly related to the violation and repeated offenses, such as motorized and non-motorized boats, carts, bicycles, chain saws, hand saws, knives, axes, hammers. These items are processed together with the finance department to determine prices, then handed over to local functional agencies; tools used for processing forest products are given to forestry exploitation and processing units. Proceeds from selling these tools and means are deposited into Account 651 of the unit handling the violation. The settlement of funds from selling tools and means used in the violation is handled similarly to the sale of confiscated forest products as stipulated in Point 3, Section II, Part V below.

For privately-owned vehicles and tractors used in violations, the people's forest ranger agency must immediately hand them over to the local public security agency for temporary holding after detention. For government-owned vehicles and tractors, barges, etc., used in violations, after detaining the evidence and completing the record, the people's forest ranger agency must release the transport means while immediately informing the owner's unit or agency to take appropriate measures.

4. Regarding evidence with a decision to return to the rightful owner.

In cases where physical evidence remains, the people's forest ranger agency handling the violation must notify relevant agencies to cooperate in returning the evidence to the rightful owner.

In the case where the evidence is perishable forest products that have been handed over to the specialized agency of the locality, the people's forestry inspection authority shall handle the violation by settling with the party involved in cash, the amount to be settled being equal to the amount paid by the receiving agency to the people's forestry inspection authority.

II. Method of payment for confiscated forest products after the decision on handling the violation.

1. Units engaged in harvesting, processing, supplying forest products which receive evidence as illegal forest products subject to confiscation shall be responsible for transferring the proceeds from the sale of such evidence into the temporary holding account awaiting settlement (Account 651) of the people's forestry inspection authority if the evidence was seized by the people's forestry inspection authority units; transfer the proceeds into Account 651 of the supervisory unit under another functional sector if the evidence was seized by such units.

2. The price basis for payment of the proceeds from the sale of the confiscated forest products is stipulated as follows:

a) For round timber, sawn timber, firewood, bamboo, rattan, and other forest products, the supply unit shall pay the delivering agency according to the wholesale price of materials prescribed for each region minus circulation costs approved in the plan. Units engaged in harvesting under the forestry sector shall pay according to the lease price or purchase price currently applied at the local level, while simultaneously paying the forest nurturing fee for the forest products received to the people's forestry inspection authority.

The price for the confiscated illegal forest products mentioned above replaces the price for corresponding types of forest products as stipulated in Directive No. 44/LN/KL dated October 29, 1977 of the Ministry of Forestry regarding the submission and distribution of illegal forest products after confiscation.

b) In cases where the illegal goods are handled through purchase, the managing agency seizing the violation shall withdraw funds from its own temporary holding account awaiting settlement to pay the violator - the owner of the goods, the payment price shall be applied according to the provisions of Clause 3 - Point B, Section II, Part III Circular No. 1-TTLB issued jointly by the Ministry of Justice and the Ministry of Finance.

c) In some cases, there are certain forest products not specified in this Circular and Circular No. 1-TTLB of the Joint Ministries, the payment price shall be determined by the local price management agency.

PART V
PAYMENT OF REWARDS TO THOSE WHO HAVE CONTRIBUTED

I. Recipients of rewards and reward levels

1. Recipients of rewards include forestry inspection officers, staff members of the forestry sector, employees of other sectors, and other individuals who are not state employees but have actually contributed to the discovery, investigation, arrest of minor violations related to speculation, smuggling, storage, transportation, and illegal trade in forest products, and if the violator is fined or has their forest products confiscated.

2. Reward level: Depending on the complexity of the violation and the contribution of each individual, the reward for one case will be extracted from 5% to 10% of the value of the confiscated illegal goods or fine, forest nurturing fee recovered (one of the three items).

3. The decision on rewarding, the percentage of the reward to be extracted, and the specific amount of reward for each person, the amount of money used to extract the reward for each case, are stipulated as follows:

a) The Director of the Forestry Inspection Branch, the Head of the Provincial Forestry Inspection Station shall examine and decide based on the proposal of the Forestry Inspection Station, the Forest Product Supervision Station, or the Forestry Inspection Post, the Forest Product Supervision Post under their jurisdiction.

b) For minor violations related to speculation, smuggling, storage, transportation, and illegal trade seized and transferred by supervisory units under other functional sectors, the forestry inspection authority handling the violation shall decide based on the proposal of the supervisory unit seizing the violation.

4. Rewards for those who have contributed may only be implemented after the decision of the competent forestry inspection authority, if the party concerned appeals against the handling decision, then the reward may only be implemented after the decision of the competent authority resolving the appeal.

II. Procedures for payment of rewards

1. Competent forestry inspection authorities handling cases as stipulated in Part II of this Circular shall open an account at the State Bank at the same level, a temporary holding account awaiting settlement (Account 651), to handle revenues and expenditures related to the implementation of Decree No. 46-HĐBT dated May 10, 1983 of the Council of Ministers. This account receives fines, payments for confiscated illegal goods, recovered forest nurturing fees, and is used to pay rewards to contributors, expenses for guarding, preserving, and transporting evidence (if any). Procedures for opening accounts, depositing and withdrawing funds from the account above shall be guided by the State Bank at the local level.

2. Rewards are extracted from fines or recovered forest nurturing fees.

a) For violations discovered and arrested by forestry inspection units after receiving the reward decision from the competent authority. The forestry inspection authority handling the violation shall be responsible for:

- Extracting from its own Account 651 the amount to pay rewards to subordinate officers and staff, and paying rewards according to the regulations of the superior managing agency, and paying rewards to other persons (if any).

- Processing the procedure to deposit the remaining amount into Item 81, Category 3, Type IV Account 730 of the provincial or municipal budget, or depositing it into the special account for recovered forest nurturing fees as stipulated in Circular No. 1-TTLB dated January 18, 1984 of the Ministry of Finance - Ministry of Forestry - State Planning Commission and Circular No. 16-KT/VT dated June 14, 1984 of the Ministry of Forestry.

b) For minor violations seized and transferred by supervisory units under other functional sectors. After handling and collecting fines, the forestry inspection authority handling the violation shall determine the percentage of the reward to be extracted from the fines. The forestry inspection authority handling the violation shall be responsible for:

- Processing the procedure to transfer the fine collected from the violator into Account 651 of the managing agency seizing the violation at the bank.

- Sending the handling decision and reward decision to the managing agency seizing the violation and the financial agency at the same level.

3. Rewards are extracted from the proceeds from the sale of confiscated evidence:

a) For cases of violations discovered and apprehended directly by the People's Forest Rangers, after receiving the award decision from the competent authority and the notification of the amount received from the sale of illegal forest products, the People's Forest Ranger agency handling the violation shall be responsible for:

- Withdrawing from account 651 of the unit the amount of the award as stipulated in paragraph 2a above. Paying for storage, guarding, and transportation of forest products (if applicable).

- Processing the procedures to remit the remaining amount into the provincial or municipal budget (item 32, category 2 revenue from confiscated assets according to the current budget classification), or into the special account for forest maintenance as prescribed above.

4. The payment of awards must be expedited within thirty days from the date of the award decision issued by the competent authority. Arbitrary use of fines, proceeds from the sale of confiscated items, and recovered forest maintenance funds is strictly prohibited.

5. The provisions on awards for those who have contributed to the discovery and pursuit of forestry violation cases as set forth in this Circular replace Point B, Section III of Circular No. 12-LN/KL dated March 24, 1982, issued by the Ministry of Forestry guiding the collection of forest maintenance funds.

6. People's Forest Ranger agencies with temporary holding accounts (Account 651) at the local State Bank are responsible for managing the account in accordance with current regulations. At the end of each quarter, these agencies must prepare reports detailing all revenues, expenditures, and budget submissions for the resolution of each violation case and submit them to the financial authorities at the same level and to higher-level sector management bodies.

PART VI
IMPLEMENTATION

1. Administrative penalties for violations of forest protection laws have been specified by the Ministry of Forestry in Circular No. 3984-LN/KL dated October 15, 1977. This Circular only provides guidance for the administrative examination and handling of speculative, smuggling, hoarding, transporting, and illegal trading of forest products in the distribution and circulation sector.

2. Under the leadership of the People's Committee and the direction of forestry organizations at various levels, People's Forest Ranger agencies entrusted by the Ministry of Forestry with the power to examine and administratively handle cases under this Circular shall be responsible for:

- Closely coordinating with related departments at the local level such as the People's Procuracy, People's Court, Judicial Police, Finance, Taxation, Market Management...

- Organizing for staff members of the unit to study and thoroughly understand Decree No. 46-HĐBT of the Council of Ministers, Circular No. 1-TTLB of the Ministry of Justice-Finance, this guiding circular, and other relevant documents to ensure lawful detention and punishment.

3. Previous regulations of the Ministry of Forestry (Circular No. 43-LN/KL dated November 21, 1983; Section VIII, Part III of Circular No. 3984-LN/KL dated October 15, 1977...) regarding administrative penalties for speculative, smuggling, hoarding, transporting, and illegal trading of forest products that conflict with this Circular are hereby abolished.

4. This guiding circular takes effect from the date of signature.

5. Comrade Director of the People's Forest Ranger Bureau is responsible for monitoring and urging the implementation of this Circular.