Circular No. 28/2005/TT-BNN amends and supplements certain points of Circular No. 63/2004/TT-BNN on administrative penalties for violations in forest management, forest protection, and timber management. This Circular provides detailed regulations on illegal timber transportation vehicles and the use of vehicles that have been seized or used illegally.
Scope of application
Authorities competent to impose administrative penalties in the field of forest management, forest protection, and timber management; owners of timber transportation vehicles; organizations and individuals using timber transportation vehicles.
Key points
- The owner of a timber transportation vehicle shall be deemed to have had their property illegally seized when their assets are stolen, forcibly taken, or exploited due to the owner's inability to publicly prevent such seizure.
- Illegal timber transportation vehicles include automobiles, tractors, farm trucks, motorcycles, bicycles, simple vehicles, draft animals, boats, canoes, rafts, ships, and other means of transportation participating in traffic.
- The lessor or lender of a vehicle must sign a document in accordance with the law before the violation occurs. The person who engages in illegal timber transportation must present this document to the competent authority or individual.
- An organization with legal personality that assigns a vehicle to an employee for management and control shall be considered to have used the vehicle illegally if the employee uses it for illegal timber transportation.
- This Circular takes effect fifteen days from the date of publication in the Official Gazette. Cases of illegal timber transportation occurring before this Circular takes effect and without a penalty decision will be handled according to the provisions of Circular No. 63/2004/TT-BNN.
🌐 Social impact of this document
- Positive impact: Unification in the application of laws, aiding competent authorities to effectively handle violations.
- Negative impact: Time and effort costs for related parties in complying with the requirement to sign a document before the violation occurs.
❓ Frequently asked questions
How should the lessor or lender of a vehicle sign a document?
Must sign a document in accordance with the law before the violation occurs.
If an organization with legal personality assigns a vehicle to an employee for use, and the employee engages in illegal timber transportation, will the organization be subject to penalties?
If the organization has signed a document and ensured that the employee uses the vehicle for its intended purpose, the organization will not be penalized.
When does this Circular take effect?
This Circular takes effect fifteen days from the date of publication in the Official Gazette.
How will cases of illegal timber transportation occurring before this Circular takes effect be penalized?
They will be handled according to the provisions of Circular No. 63/2004/TT-BNN.
Full text
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MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT - Office of the Government (for publication in the Official Gazette and posting on the |
SOCIALIST REPUBLIC OF VIETNAM |
| Decision No.: 28/2005/QD-BNN | Hanoi, May 26, 2005 |
CIRCULAR
GUIDELINES FOR AMENDING AND COMPLETING CERTAIN POINTS OF THE CIRCULAR
No. 63/2004/TT-BNN dated November 11, 2004 of the Ministry of Agriculture and Rural Development guiding certain contents of Decree No.
139/2004/NĐ-CP dated June 25, 2004 of the Government on administrative penalties for violations in forest management, forest protection, and forest product management.
On November 11, 2004, the Ministry of Agriculture and Rural Development issued Circular No. 63/2004/TT-BNN guiding certain contents of Decree No. 139/2004/NĐ-CP dated June 25, 2004 of the Government on administrative penalties for violations in forest management, forest protection, and forest product management. After a period of implementation, Circular No. 63/2004/TT-BNN has been effective, meeting basic requirements for handling violations related to forest management, forest protection, and forest product management. However, there are still some difficulties in the application of confiscation measures for illegal transportation of forest products, leading to inconsistent application. To ensure uniformity in the application of laws, the Ministry of Agriculture and Rural Development guides the amendment and supplementation of the following points:
I. AMEND AND SUPPLEMENT THE CONTENT OF THE FIRST BULLET UNDER SUBSECTION A, POINT 2, PART B, SECTION II AS FOLLOWS:
1) Forest product transportation means include:
a) Road transportation means include: all types of automobiles, tractors, farm vehicles, motorcycles, bicycles, primitive vehicles, and draft animals, and other means participating in road traffic.
b) Waterway transportation means include: ships, speedboats, rafts, boats, and other means participating in inland waterway traffic.
2) Transportation means shall be considered illegally seized when: the legitimate owner's means are stolen, robbed, forcibly taken, or openly appropriated without the owner's ability to prevent it, or when other unlawful acts deprive the owner of possession, management, and use of the means.
3) Transportation means shall be considered illegally used if they are employed in any of the following circumstances:
a) The legitimate owner leases, lends the means or hires someone else to operate the means for legitimate purposes, but the lessee, borrower, or operator uses them for illegal transportation of forest products without authorization.
Leasing, lending, or hiring operators as stipulated herein must be documented in writing according to the law, with a signed agreement between the legitimate owner and the lessee, borrower before the violation occurs. The content of the agreement must clearly state the purpose of leasing, lending, or hiring operators, and within 24 hours from the time the means are temporarily detained, the person involved in illegal transportation of forest products must present this agreement to the competent authority handling the case.
b) An organization with legal personality assigns means to its employees for management, operation, and use for legitimate production and business purposes, but the employees use these means for illegal transportation of forest products without authorization.
II. EFFECTIVE DATE OF IMPLEMENTATION:
1) This circular takes effect 15 days after its publication in the Official Gazette. Other provisions of Circular No. 63/2004/TT-BNN remain valid.
2) For cases of illegal transportation of forest products occurring before this circular takes effect and have not yet been penalized, the provisions regarding the means specified in point a, Clause 2, Article 32 of Decree No. 139/2004/NĐ-CP shall be applied according to the provisions of Circular No. 63/2004/TT-BNN dated November 11, 2004 of the Ministry of Agriculture and Rural Development guiding certain contents of Decree No. 139/2004/NĐ-CP dated June 25, 2004 of the Government on administrative penalties for violations in forest management, forest protection, and forest product management.
During the implementation process, if any issues arise, units should promptly report to the Ministry of Agriculture and Rural Development for guidance.
DEPUTY MINISTER
Huu Duc Nhi
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CERTIFIED BY THE MINISTER |
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