Decree No. 77-CP On administrative penalties for violations in forest management, forest protection, and timber management.

 

DECREE

Regarding administrative penalties for violations in the field of forest management, forest protection, and forest product management

 _____________________

THE GOVERNMENT

Pursuant to the Law on the Organization of the Government dated September 30, 1992;

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

Based on the Administrative Violation Handling Ordinance dated July 6, 1995;

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

 

DECREE: 

PART I

GENERAL PROVISIONS

Article 1. Scope and objects of application:

Individuals and organizations, both domestic and foreign, who intentionally or negligently violate the State's regulations on forest management, forest protection, and forest product management within the territory of the Socialist Republic of Vietnam, causing no damage or causing damage to forests, forest land, forest products, and forest environment but not reaching the level of criminal prosecution shall be subject to administrative penalties under this Decree and other Government regulations on administrative penalties related thereto.

Article 2. Forest products as defined in this Decree include:

1. Various types of timber including rare and precious wood and ordinary wood as prescribed by competent state agencies and products processed from wood.

2. Other forest products include wild plants (excluding Clause 1 of this Article), wild animals, rare and precious species and ordinary species as prescribed by competent state agencies, and products processed from such forest products.

Article 3. Principles for applying penalty amounts:

1. In cases where the violator does not have aggravating or mitigating circumstances, the fine amount is the midpoint of the fine range prescribed for that violation; if there are mitigating circumstances, the fine amount may be reduced but not below the minimum fine prescribed for that violation; if there are aggravating circumstances, the fine amount may be increased but not above the maximum fine prescribed for that violation.

2. Cases of violation of the provisions listed below do not fall within the scope of administrative penalties but are transferred to criminal prosecution:

a. Acts of violation causing damage exceeding the maximum level within the scope of administrative penalties for each violation stipulated in Articles 4 to 14, Chapter II of this Decree.

b. Unauthorized exploitation, hunting, transportation, purchase, and sale of wild plants and rare wild animals with special value in multiple aspects as prescribed by competent state agencies.

 

PART II

VIOLATIONS, FORMS OF PENALTY, AND DEGREE OF PENALTY
VIOLATIONS

Article 4. Unauthorized deforestation is the act of deforesting for any purpose without permission from competent state agencies or with permission but failing to comply with the prescribed conditions; it is penalized when causing damage to different types of forests at the following levels:

1. Fine from 200,000 VND to 1,000,000 VND:

a. Deforestation of production forests: up to 0.05 hectares.

b. Deforestation of protective forests: up to 0.02 hectares.

c. Deforestation of special-use forests: up to 0.01 hectares.

2. Fine from over 1,000,000 VND to 5,000,000 VND:

a. Deforestation of production forests: from over 0.05 hectares to 0.3 hectares.

b. Deforestation of protective forests: from over 0.02 hectares to 0.1 hectares.

c. Deforestation of special-use forests: From over 0.01 hectares to 0.05 hectares.

3. Fine from over 5,000,000 VND to 20,000,000 VND:

a. Deforestation of production forests: from over 0.3 hectares to 0.7 hectares.

b. Deforestation of protective forests: from over 0.1 hectares to 0.3 hectares.

c. Deforestation of special-use forests: From over 0.05 hectares to 0.2 hectares.

4. Fine from over 20,000,000 VND to 50,000,000 VND:

a. Deforestation of production forests: from over 0.7 hectares to 1 hectare.

b. Deforestation of protective forests: from over 0.3 hectares to 0.5 hectares.

c. Deforestation of special-use forests: From over 0.2 hectares to 0.3 hectares.

5. The violator of this Article, in addition to being fined, shall also have their forest products and means of violating administrative acts (hereinafter referred to as means of violation) confiscated, and be ordered to replant the forest or bear the cost of replanting the forest.

Article 5. Unauthorized forest exploitation is the act of felling trees, extracting forest products without permission from competent state agencies or with permission but violating regulations on forest exploitation and forest product management; it is penalized when engaging in any of the following unauthorized forest exploitation behaviors with the volume or value of forest products in different types of forests as follows:

1. Warning or fine from 20,000 VND to 200,000 VND for the act of bringing logging tools and equipment into the forest without a logging permit from competent state agencies or unauthorized exploitation in production forests: ordinary wood up to 1 cubic meter; firewood up to 2 steres; other forest products with a value up to 100,000 VND (based on local market value).

2. Fine from over 200,000 VND to 1,000,000 VND for unauthorized exploitation in production forests: ordinary wood from over 1 cubic meter to 2 cubic meters; firewood from over 2 steres to 5 steres; other forest products with a value from over 100,000 VND to 400,000 VND.

3. Fine from over 1,000,000 VND to 5,000,000 VND:

a. Ordinary roundwood in production forests from over 2 cubic meters to 7 cubic meters; in protective forests up to 5 cubic meters; in special-use forests up to 4 cubic meters.

b. Precious and rare roundwood: up to 1 cubic meter (applicable to all three types of forests).

c. Firewood: from over 5 steres to 20 steres.

d. Other forest products: with a value from over 400,000 VND to 2,000,000 VND.

e. Those permitted to exploit forests who violate forest protection regulations during forest exploitation (not clearing vines, cutting high stumps, not cleaning the forest after exploitation...) with an area up to 5 hectares.

4. Fine from over 5,000,000 VND to 20,000,000 VND:

a. Ordinary roundwood: in production forests from over 7 cubic meters to 15 cubic meters; in protective forests from over 5 cubic meters to 12 cubic meters; in special-use forests from over 4 cubic meters to 10 cubic meters.

b. Precious and rare roundwood from over 1 cubic meter to 5 cubic meters.

c. Firewood: from over 20 steres to 70 steres.

d. Other forest products: with a value from over 2,000,000 VND to 8,000,000 VND.

e. Those permitted to exploit forests who violate forest protection regulations during forest exploitation with an area from over 5 hectares to 15 hectares.

5. Fine from over 20,000,000 VND to 50,000,000 VND:

a. Ordinary roundwood in production forests from over 15 cubic meters to 25 cubic meters; in protective forests from over 12 cubic meters to 20 cubic meters; in special-use forests from over 10 cubic meters to 15 cubic meters.

b. Precious and rare roundwood: from over 5 cubic meters to 10 cubic meters.

c. Firewood: from over 70 steres to 150 steres.

d. Other forest products: with a value from over 8,000,000 VND to 20,000,000 VND.

e. Those permitted to exploit forests who violate forest protection regulations during forest exploitation with an area from over 15 hectares to 40 hectares.

6. In cases of illegal exploitation of young trees where the volume of individual trees cannot be measured in cubic meters, the area of land cleared shall be measured and handled according to the act of "Illegally Clearing Forests" as stipulated in Article 4 of this Decree; if the exploitation is scattered and the area of land cleared cannot be determined, then the number of trees cut down will be measured in stere, converted to cubic meters, and penalties will be imposed according to the provisions of Clauses 1, 2, 3, 4, and 5 of this Article.

7. A violator of the provisions of this Article, in addition to being warned or fined, shall also have forest products and violating equipment confiscated, and their forest exploitation permit usage rights revoked.

Article 6. Illegally burning forests for shifting cultivation is the act of burning forests to clear land outside designated areas; penalties will be imposed when damage occurs to each type of forest with the following levels:

1. Warning or fine from 20,000 VND to 200,000 VND:

a. Burning production forests: up to 0.2 hectares.

b. Burning protective forests: up to 0.1 hectares.

c. Burning special-use forests: up to 0.05 hectares.

2. Fine from over 200,000 VND to 1,000,000 VND:

a. Burning production forests: from over 0.2 hectares to 0.5 hectares.

b. Burning protective forests: from over 0.1 hectares to 0.3 hectares.

c. Burning special-use forests: from over 0.05 hectares to 1 hectare.

3. Fine from over 1,000,000 VND to 2,000,000 VND:

a. Burning production forests: from over 0.5 hectares to 1 hectare.

b. Burning protective forests: from over 0.3 hectares to 0.5 hectares.

c. Burning special-use forests: from over 0.1 hectares to 0.3 hectares.

4. A violator of the provisions of this Article, in addition to being warned or fined, shall also have forest products and violating equipment confiscated, and be ordered to replant the forest or bear the cost of replanting the forest.

Article 7. Violating regulations on forest fire prevention and extinguishing is the act of violating regulations on forest fire prevention and extinguishing or causing forest fires; penalties will be imposed when there is one of the following violations:

1. Warning or fine from 20,000 VND to 200,000 VND:

a. Lighting fires in forests where it is prohibited.

b. Bringing explosives or flammable materials into forests where it is prohibited.

c. Throwing or releasing embers into forests where it is prohibited.

2. Fine from over 200,000 VND to 1,000,000 VND when the forest owner does not fully comply with fire prevention and extinguishing measures as prescribed by law.

3. Fine from over 1,000,000 VND to 5,000,000 VND when causing forest fires:

a. Production forests: up to 0.3 hectares.

b. Protective forests: up to 0.1 hectares.

c. Special-use forests: up to 0.05 hectares.

4. Fine from over 5,000,000 VND to 20,000,000 VND when causing forest fires:

a. Production forests: from 0.3 hectares to 1 hectare.

b. Protective forests: from 0.1 hectares to 0.5 hectares.

c. Special-use forests: from 0.5 hectares to 0.2 hectares.

5. Fine from over 20,000,000 VND to 50,000,000 VND when causing forest fires:

a. Production forests: from over 1 hectare to 2 hectares.

b. Protective forests: from over 0.5 hectares to 1 hectare.

c. Special-use forests: from over 0.2 hectares to 0.5 hectares.

6. A violator of the provisions of this Article, in addition to being warned or fined, shall also be ordered to replant the forest or bear the cost of replanting the forest.

Article 8. Violating regulations on forest pest control is the act of the forest owner not fully complying with preventive and control measures against pests that cause damage to the forest; penalties will be imposed when the forest suffers damage at the following levels:

1. Warning or fine from 20,000 VND to 200,000 VND when the forest suffers damage up to 1 hectare.

2. Fine from over 200,000 VND to 1,000,000 VND when the forest suffers damage from over 1 hectare to 5 hectares.

3. Fine from over 1,000,000 VND to 5,000,000 VND when the forest suffers damage from over 5 hectares to 10 hectares.

4. Fine from over 5,000,000 VND to 10,000,000 VND when the forest suffers damage from over 10 hectares to 20 hectares.

5. A violator of the provisions of this Article, in addition to being warned or fined, shall also be ordered to remedy the consequences caused by pests.

Article 9. Illegally grazing livestock in forests is the act of grazing livestock in newly planted young tree forests, recently replanted young tree forests, fenced-off nurturing forests, and special-use forests where grazing livestock is prohibited, causing damage to the forest; penalties will be imposed when livestock damages various types of forests at the following levels:

1. Warning or fine from 20,000 VND to 200,000 VND.

a. Production forests: up to 0.3 hectares.

b. Protective forests: up to 0.2 hectares.

c. Special-use forests: up to 1 hectare.

2. Fine from over 200,000 VND to 1,000,000 VND:

a. Production forests: from over 0.3 hectares to 1 hectare.

b. Protective forests: from over 0.2 hectares to 0.5 hectares.

c. Special-use forests: from over 0.1 hectares to 0.3 hectares.

3. Fine from over 1,000,000 VND to 2,000,000 VND:

a. Production forests: from over 1 hectare to 2 hectares.

b. Protective forests: from over 0.5 hectares to 1 hectare.

c. Special-use forests: from over 0.3 hectares to 0.5 hectares.

4. A violator of the provisions of this Article, in addition to being warned or fined, shall also be ordered to replant the forest or bear the cost of replanting the forest.

Article 10. Illegally hunting wild animals in forests is the act of hunting wild animals without permission from competent state authorities or with permission but violating management regulations on wild animals (prohibited species, prohibited areas, prohibited seasons, prohibited methods and equipment, incorrect species or exceeding permitted quantities); penalties will be imposed when there is one of the following violations:

1. Warning or fine from 50,000 VND to 500,000 VND:

a. Hunting wild animals without a permit from competent state authorities.

b. Using prohibited hunting methods and equipment.

2. Fine from over 500,000 VND to 2,000,000 VND:

a. Hunting wild animals in prohibited areas.

b. Hunting wild animals during prohibited seasons.

3. Fine from over 2,000,000 VND to 10,000,000 VND:

a. Illegally hunting rare wild animals as prescribed by law but not reaching the level of criminal prosecution.

b. Violations under Clauses 1 and 2 of this Article and hunting common wild animals in large quantities but not reaching the level of criminal prosecution.

4. A violator of the provisions of this Article, in addition to being warned or fined, shall also have illegally hunted wild animals and violating equipment confiscated, and their hunting permit usage rights revoked.

Article 11. Causing damage to forest land is the act of violating regulations on protecting forest land such as digging, blasting, depleting the nutrient layer of forest soil; excavating and damming water sources, draining water, discharging toxic substances into the forest; penalties will be imposed when damage occurs to various types of forest land at the following levels:

1. Warning or fine from 20,000 VND to 200,000 VND when the violation is detected but has not caused damage to forest land.

2. Fine from over 200,000 VND to 1,000,000 VND:

a. Production forest land: up to 0.2 hectares.

b. Protective forest land: up to 0.1 hectares.

c. Special-use forest land: up to 0.05 hectares.

3. Fine from over 1,000,000 VND to 5,000,000 VND:

a. Production forest land: from over 0.2 hectares to 1 hectare.

b. Protective forest land: from over 0.1 hectares to 0.6 hectares.

c. Special-use forest land: from over 0.05 hectares to 0.3 hectares.

4. A fine of from over 5,000,000 dong to 10,000,000 dong:

a. Production forest land: from over 1 hectare to 2 hectares.

b. Protective forest land: from over 0.6 hectares to 1.2 hectares.

c. Special-use forest land: from over 0.3 hectares to 0.7 hectares.

4. The violator of this Article, in addition to being warned or fined, shall also be ordered to remedy the consequences caused.

Article 12. Illegally transporting, purchasing, or selling timber products refers to the act of transporting, purchasing, or selling timber products without a legal source of extraction, purchase, or sale, or types of timber products not permitted for use by competent state agencies; such acts are penalized when they involve the following quantities or values of timber products:

1. Warning or fine from 20,000 VND to 200,000 VND:

a. Common wood up to 1 cubic meter (rounded);

b. Firewood: up to 2 steres.

c. Other forest products: with a value up to 100,000 dong (based on local market value).

2. Fine from over 200,000 VND to 1,000,000 VND:

a. Common wood: from over 1 cubic meter (rounded) to 3 cubic meters (rounded);

b. Precious rare wood: up to 0.5 cubic meters (rounded)

c. Firewood: from over 2 steres to 6 steres.

d. Other forest products: with a value from over 100,000 dong to 500,000 dong.

3. Fine from over 1,000,000 VND to 5,000,000 VND:

a. Common wood: from over 3 cubic meters (rounded) to 10 cubic meters (rounded);

b. Precious rare wood: from over 0.5 cubic meters (rounded) to 3 cubic meters (rounded)

c. Firewood: from over 6 steres to 25 steres.

d. Other forest products: with a value from over 500,000 dong to 2,500,000 dong.

4. Fine from over 5,000,000 VND to 20,000,000 VND:

a. Common wood: from over 10 cubic meters (rounded) to 25 cubic meters (rounded);

b. Precious rare wood: from over 3 cubic meters (rounded) to 10 cubic meters (rounded)

c. Firewood: from over 25 steres to 80 steres.

d. Other forest products: with a value from over 2,500,000 dong to 10,000,000 dong.

5. Fine from over 20,000,000 VND to 50,000,000 VND:

a. Common wood: from over 25 cubic meters (rounded) to 40 cubic meters (rounded);

b. Precious rare wood: from over 10 cubic meters (rounded) to 15 cubic meters (rounded)

c. Firewood: from over 80 steres to 200 steres.

d. Other forest products: with a value from over 10,000,000 dong to 30,000,000 dong.

6. A fine of from over 50,000,000 dong to 100,000,000 dong:

a. Common wood: from over 40 cubic meters (rounded) to 70 cubic meters (rounded);

b. Precious rare wood: from over 15 cubic meters (rounded) to 25 cubic meters (rounded)

c. Other forest products: with a value from over 30,000,000 dong to 50,000,000 dong.

7. The violator of this Article, in addition to being warned or fined, shall also have their forest products confiscated, their violating means of transport seized, and their transportation permit revoked.

8. In cases where the transporter of forest products violates the procedures for transporting forest products as prescribed by law but the forest products have a legal source of extraction, purchase, or sale, they shall be fined from 2,000,000 dong to 10,000,000 dong.

Article 13. Violating state management regulations on timber processing and forest products:

1. A fine of from 2,000,000 dong to 10,000,000 dong for engaging in timber and forest product processing activities without a processing permit issued by a competent state agency.

2. If the timber and forest products brought into processing do not have a legal source of extraction, purchase, or sale, they shall be handled according to Article 12 of this Decree.

3. The violator of this Article, in addition to being fined, shall also have their operations suspended, their forest products confiscated, and their violating means of transport seized.

Article 14. Violating inspection procedures for forest products is the act of violating inspection procedures for forest products when transporting through Forest Inspection Stations or Re-inspection Stations, or failing to inspect upon import or export of forest products during timber processing and forest product activities; penalties are imposed when any of the following violations occur:

1. Warning or a fine of from 50,000 dong to 500,000 dong for transporting forest products without undergoing the required inspection at designated locations.

2. A fine of from 1,000,000 dong to 5,000,000 dong for violating inspection procedures upon import or export of forest products.

3. If the timber and forest products do not have a legal source of extraction, purchase, or sale, they shall be handled according to Article 22 of this Decree.

 

CHAPTER III

AUTHORITY AND PROCEDURES FOR IMPOSING ADMINISTRATIVE PENALTIES FOR VIOLATIONS

IN THE FIELD OF FOREST MANAGEMENT, FOREST PROTECTION AND FOREST PRODUCT MANAGEMENT

PART I

AUTHORITY TO ISSUE ADMINISTRATIVE VIOLATION DECISIONS AND VIOLATION RECORDS

Article 15. The authority to impose administrative penalties for violations by forestry staff and heads of forestry agencies at all levels:

1. Forestry staff performing official duties have the authority to issue warnings or fines up to 100,000 dong; temporarily seize illegal forest products and violating means of transport, and report to their direct superior for further action.

2. The head of a Forest Inspection Station, the head of a Mobile Forest Inspection Team have the authority to issue warnings or fines up to 1,000,000 dong; confiscate illegal forest products within their penalty range, confiscate violating means of transport valued up to 10,000,000 dong. In cases where the violator is ordered to replant forests or pay for replanting costs, they must report to their immediate superior for further action.

3. The head of a Forest Inspection Unit, the head of a Forest Product Re-inspection Unit have the authority to issue warnings or fines up to 2,000,000 dong; propose relevant state agencies to revoke permits; confiscate illegal forest products within their penalty range, confiscate violating means of transport; order the violator to replant forests or pay for replanting costs.

4. The Director of a Forest Inspection Service has the authority to issue warnings or fines up to 5,000,000 dong; revoke the right to use permits within their jurisdiction, if exceeding their jurisdiction, propose relevant state agencies to revoke permits; confiscate illegal forest products within their penalty range, confiscate violating means of transport; order the violator to replant forests or pay for replanting costs.

5. The Director of the Forest Inspection Department has the authority to issue warnings or fines up to 20,000,000 dong; revoke the right to use permits within their jurisdiction, if exceeding their jurisdiction, propose relevant state agencies to revoke permits; confiscate illegal forest products within their penalty range, confiscate violating means of transport; order the violator to replant forests or pay for replanting costs.

Article 16. The authority to impose administrative penalties for violations by Chairpersons of People's Committees at all levels:

1. The Chairperson of Commune People's Committee, Ward People's Committee, or Town People's Committee (hereinafter referred to as commune) has the authority to issue warnings or fines up to 200,000 dong; temporarily seize illegal forest products and report to the local Forest Inspection Agency for further action, confiscate violating means of transport valued up to 500,000 dong, and order compensation for damages caused by administrative violations up to 500,000 dong.

2. The Chairman of the People's Committee of districts, towns, cities under provinces (hereinafter referred to collectively as districts) has the authority to impose a warning or fine up to VND 10,000,000; revoke the right to use licenses within their jurisdiction, if exceeding their jurisdiction, then propose relevant state agencies to revoke the license; confiscate illegally harvested forest products within the penalty range of their jurisdiction, confiscate violating means; compel violators to replant forests or bear the costs of replanting forests.

3. The Chairman of the People's Committee of provinces, centrally governed cities (hereinafter referred to collectively as provinces) has the authority to impose a warning or fine up to VND 100,000,000; revoke the right to use licenses within their jurisdiction, if exceeding their jurisdiction, then propose relevant state agencies to revoke the license; confiscate illegally harvested forest products and violating means; compel violators to replant forests or bear the costs of replanting forests.

4. Forest Protection agencies at all levels in localities have the responsibility to assist the same-level People's Committees in examining and deciding administrative penalties and organizing the implementation of such penalty decisions.

Article 17. Delegation of authority to impose administrative penalties:

In cases where the authorized person to impose administrative penalties as stipulated in Clauses 2, 3, 4, 5 of Article 15 and Clauses 1, 2, 3 of Article 16 of this Decree delegates authority to deputy officials, the delegatee shall implement according to the authority of the head.

Article 18. Functional agencies such as Public Security Police, Customs, Taxation, Market Management, Specialized Inspection have the responsibility to closely coordinate with Forest Protection agencies in inspecting, auditing, preventing administrative violations in forest management, forest protection, and forest product management; upon discovering violation acts, they must record the incident, transfer the case file and evidence to the Forest Protection agency for handling in accordance with the law.

Article 19. Handling cases exceeding the penalty imposition authority:

In cases where the violation exceeds the penalty range within the authority to impose penalties of their own level, they must immediately prepare the file and transfer it to the competent level for handling; specifically regarding illegally harvested forest products and violating means currently under temporary detention, there is no need to transfer them but they should remain at the place of temporary detention, awaiting the penalty decision from the competent authority. After receiving the penalty decision, the Forest Protection agency is responsible for implementing it. Strictly prohibit imposing penalties beyond authority.

 

PART II

PROCEDURES FOR ADMINISTRATIVE SANCTIONS

Article 20. Cease illegal acts:

Upon discovering administrative violations as stipulated in Articles 4 to 14 of this Decree or activities of individuals, organizations that are not yet violations but pose a risk of causing forest fires, destroying forests, forest land, polluting the forest environment, the authorized person to impose penalties must immediately issue an order to stop; for Forest Protection staff, after issuing the stop order, they must report immediately to their direct superiors.

Article 21. Prepare administrative violation records:

The authorized person to impose penalties, upon discovering violations of laws on forest management, forest protection, and forest product management, must promptly record the administrative violation in accordance with Article 37 of the Administrative Violations Handling Ordinance, except in cases of simple procedure penalties as stipulated in Article 46 of the Administrative Violations Handling Ordinance.

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

Article 22. Apply preventive measures:

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

1. Temporary detention of persons, body search according to administrative procedures, shall be carried out in accordance with Articles 39, 40, and 42 of the Administrative Violations Handling Ordinance.

2. Temporary detention of evidence and violating means according to administrative procedures, shall be carried out in accordance with Article 41 of the Administrative Violations Handling Ordinance.

3. When there is basis to determine that illegal forest products are hidden in transportation vehicles or objects as stipulated in Article 43 of the Administrative Violations Handling Ordinance, Forest Protection staff assigned to inspect and control forest products may use flags, signs, whistles, lights to request drivers of road and waterway transportation vehicles to stop for inspection.

4. Forest Protection staff while performing duties, when discovering immediate violations of laws on forest management, forest protection, and forest product management, may inspect forest sites and sites where illegally harvested forest products are stored according to the law.

In cases requiring searches of places hiding evidence and violating means in the field of forest management, forest protection, and forest product management, it must comply with the provisions of Article 44 of the Administrative Violations Handling Ordinance.

Article 23. Penalty Decision:

The authorized person to impose penalties, after determining the nature and degree of violation, must base on factors stipulated in Clause 5 of Article 3 of the Administrative Violations Handling Ordinance and Clauses 1, 2 of Article 3 of this Decree to consider and decide appropriate forms and degrees of penalties.

The decision to impose penalties shall apply procedures as stipulated in Article 48 of the Administrative Violations Handling Ordinance.

Article 24. Collection and payment of fines:

Individuals and organizations fined must pay the fine at the location specified in the penalty decision and receive a receipt for the fine payment. The collected fines must be deposited into the State budget through an account opened at the State Treasury.

Decisions imposing fines of VND 2,000,000 or more must be sent to the People's Procuracy at the same level.

Article 25. Seizure of contraband items and means of transportation used for administrative violations:

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

1. Confiscation of forest products without legitimate sources of harvesting, purchasing, or selling, especially precious and rare forest products and types of forest products not permitted for use by competent state agencies.

2. Confiscation of means used for administrative violations. Specifically, for transportation means used to transport illegally harvested forest products (including those owned by the state not seized by individuals or organizations), confiscation will only occur in cases of aggravating circumstances of the violation.

3. For evidence of administrative violations that are goods or items prone to damage, the person making the penalty decision must record the incident and organize immediate sale. The proceeds must be deposited into the State budget through an account opened at the State Treasury.

4. The forest owner, upon discovering and catching individuals or organizations committing violations causing damage to the forests under their management, must record the incident, temporarily detain the illegally harvested forest products and violating means, and transfer the case file to the local Forest Protection agency for handling. After the Forest Protection agency issues a penalty decision against the violator, they return the confiscated forest products to the forest owner, who must bear the actual costs incurred by the Forest Protection agency in handling the case.

In case the forest owner cannot identify the violator, after issuing the decision to penalize the violator, the Forest Protection agency shall not return the confiscated forest products to the forest owner but sell them and deposit the proceeds into the state budget according to current regulations. However, for forest products from planted forests funded by individuals or organizations, the Forest Protection agency shall return the confiscated forest products to the forest owner, but the forest owner must bear the actual expenses incurred by the Forest Protection agency in handling the matter.

Article 26. The enforcement of penalty decisions, compulsory enforcement of penalty decisions, and the statute of limitations for enforcing administrative violation penalty decisions shall be implemented in accordance with the provisions of Articles 54, 55, and 56 of the Administrative Violation Handling Ordinance.

Article 27. Handling of evidence and means used to commit administrative violations:

For illegal forest products and means of violation that have been confiscated, the Forest Protection agency has the responsibility to store them properly without loss or damage. After ten days from the date the violator receives the decision and does not file a complaint, the Forest Protection agency will cooperate with local financial authorities to handle them as follows:

1. For timber and rare forest products, the financial authority will establish a valuation committee and organize public auctions for entities permitted to use them according to current regulations.

2. For timber and rare forest products with quality less than 50%; processed products made from timber in small quantities and scattered, and ordinary timber, they will be sold to entities permitted to use them at prices set by the Provincial People's Committee.

3. For other forest products (excluding items under Clause 1 and Clause 2 of this Article), they will be sold at the local market price.

4. For live wild animals, they will be released back into the forest or sold to individuals or organizations permitted to engage in business, breeding, development, scientific research, and cultural needs at the local market price.

5. For confiscated means, they will be auctioned off according to current regulations.

6. Proceeds from selling illegal forest products and means of violation as stipulated in Article 25, Article 27 of this Decree, and fines as stipulated in Article 24 of this Decree shall be deposited into the State Treasury. Financial authorities are responsible for reviewing and disbursing funds to cover actual expenses such as fuel costs, loading and unloading, transportation, storage of seized evidence and means, appraisal, verification, handling, and compensation to those who reported the violations according to current laws.

 

PART IV

HANDLING VIOLATIONS

Article 28. Handling of violations by persons authorized to impose administrative penalties and persons subject to administrative penalties:

Persons authorized to impose administrative penalties who harass, tolerate, shield, fail to penalize promptly, incorrectly, exceed their authority, embezzle, misuse money, evidence, and means of violation, obstructing production and circulation of forest products, shall be disciplined or criminally prosecuted depending on the nature and severity of the violation; if material losses occur, they must compensate according to the law.

Persons subject to administrative penalties who resist public officials, delay, release, or hide evidence and means of violation, evade enforcement, or commit other violations shall, in addition to complying with the effective penalty decision, be fined between VND 200,000 and VND 5,000,000 or criminally prosecuted according to the provisions of Clauses 2, 3, 4, 5 of Article 15 and Clauses 1, 2, 3 of Article 16 of this Decree, if material losses occur, they must compensate according to the law.

Article 29. Examination and resolution of complaints and denunciations:

The resolution of complaints and denunciations shall be applied according to the provisions of Articles 87 to 90 of Chapter VIII of the Administrative Violation Handling Ordinance and the Administrative Case Procedure Ordinance dated May 21, 1996.

1. Regarding complaints about administrative violation penalty decisions as stipulated in Article 88 of Chapter VIII of the Administrative Violation Handling Ordinance, if the complainant disagrees with the decision resolving the complaint issued by the person who made the penalty decision, the complainant has the right to appeal to the immediate superior of the person who made the penalty decision, specifically as follows:

a. Forest rangers and Forest Station chiefs who issue penalties shall appeal to the Forest Protection Division chief.

b. Chairmen of Village People's Committees who issue penalties shall appeal to the Chairman of the District People's Committee.

c. Chiefs of Forest Protection Divisions, Forest Product Inspection Divisions, and Mobile Forest Protection Team chiefs who issue penalties shall appeal to the Chief of the Forest Protection Service.

d. Chairmen of District People's Committees and Chiefs of Forest Protection Services who issue penalties shall appeal to the Chairman of the Provincial People's Committee.

e. Chiefs of Forest Protection Departments and Chairmen of Provincial People's Committees who issue penalties shall appeal to the Minister of Agriculture and Rural Development.

2. Any individual or organization has the right to report to competent state agencies about violations of the law by violators and persons authorized to impose penalties.

 

CHAPTER V

IMPLEMENTING PROVISIONS

Article 30. This Decree takes effect from the date of signature.

This Decree replaces Government Decree No. 14/CP dated December 5, 1992, promulgating regulations on administrative penalties in the field of forest management and protection.

Article 31. The Minister of Agriculture and Rural Development is responsible for guiding and implementing this Decree, developing and promulgating a system of forms to ensure the implementation of administrative penalty procedures in the field of forest management, forest protection, and forest product management as stipulated in this Decree.

Article 32. Ministers, heads of agencies equivalent to ministries, heads of agencies under the Government, and Chairpersons of People's Committees of provinces and centrally-administered cities are responsible for enforcing this Decree./.