Decree No. 99/2009/ND-CP On Administrative Sanctions for Violations in the Field of 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 Organization of the Government dated December 25, 2001;

Pursuant to the Law on Forest Protection and Development dated December 3, 2004;

BASED ON THE ADMINISTRATIVE VIOLATION HANDLING ORDINANCE dated July 2, 2002; THE AMENDMENT OF CERTAIN PROVISIONS OF THE ADMINISTRATIVE VIOLATION HANDLING ORDINANCE dated March 8, 2007; THE AMENDMENT AND SUPPLEMENTATION OF CERTAIN PROVISIONS OF THE ADMINISTRATIVE VIOLATION HANDLING ORDINANCE dated April 2, 2008;

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

DECREE:

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

THIS DECREE REGULATES ADMINISTRATIVE PENALTIES FOR VIOLATIONS IN THE FIELD OF FOREST MANAGEMENT, FOREST PROTECTION, AND TIMBER MANAGEMENT WITHIN THE TERRITORY OF THE SOCIALIST REPUBLIC OF VIETNAM.

THIS DECREE DOES NOT APPLY TO LEGALLY IMPORTED WOOD AND OTHER TIMBER PRODUCTS FROM FOREIGN COUNTRIES INTO VIETNAM (INCLUDING THE CASE WHERE A LEGALLY IMPORTED WOOD LOADING HAS A SIZE OR QUANTITY DISCREPANCY FOUND DURING INSPECTION).

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

THIS DECREE APPLIES TO ADMINISTRATIVE PENALTIES AGAINST DOMESTIC AND FOREIGN INDIVIDUALS AND ORGANIZATIONS (HEREINAFTER REFERRED TO AS THE VIOLATOR) WHO UNINTENTIONALLY OR INTENTIONALLY VIOLATE STATE REGULATIONS ON FOREST MANAGEMENT, FOREST PROTECTION, AND TIMBER MANAGEMENT WITHOUT CAUSING DAMAGE TO THE FORESTS, TIMBER, OR FOREST ENVIRONMENT, BUT NOT YET REACHING THE LEVEL WARRANTING CRIMINAL LIABILITY PURSUANT TO LAW.

IN CASES WHERE INTERNATIONAL TREATIES TO WHICH THE SOCIALIST REPUBLIC OF VIETNAM IS A PARTY PROVIDE DIFFERENT PROVISIONS, SUCH PROVISIONS SHALL BE APPLIED.

ARTICLE 2. REGARDING SOME TERMS USED IN THIS DECREE

1. TIMBER PRODUCTS ARE PRODUCTS HARVESTED FROM PLANTS, ANIMALS, MICROORGANISMS, AND THEIR PARTS ORIGINATING FROM FORESTS.

2. ROUNDWOOD INCLUDES RAW LOGS, TURNED ROUND LOGS, PEELING CORES WITH A SMALL END DIAMETER FROM 10 CM TO LESS THAN 20 CM, LENGTH FROM 1 METRE OR MORE, OR A SMALL END DIAMETER FROM 20 CM OR MORE, LENGTH FROM 30 CM OR MORE. SPECIFICALLY, ROUNDWOOD OF ENDEMIC, PRECIOUS, AND RARE SPECIES IS NOT SUBJECT TO SIZE LIMITATIONS.

3. FIREWOOD IS HARVESTED FROM FOREST WOOD PLANTS, IS A PART OF THEM WITH A SMALLER SIZE THAN THE ROUNDWOOD SPECIFICATIONS SET OUT IN CLAUSE 2 OF THIS ARTICLE, OR RESIDUES AFTER PROCESSING.

4. GROUP IA AND IIA FOREST PLANTS; GROUP IB AND IIB WILDLIFE ARE ENDANGERED, PRECIOUS, AND RARE FOREST PLANTS AND WILDLIFE AS PROVIDED BY THE GOVERNMENT.

5. EVIDENCE OF ADMINISTRATIVE VIOLATIONS INCLUDES WOOD AND NON-WOOD TIMBER PRODUCTS DAMAGED BY THE PERSON COMMITTING THE ADMINISTRATIVE VIOLATION.

6. MEANS OF ADMINISTRATIVE VIOLATIONS INCLUDE OBJECTS, TOOLS, AND TRANSPORT MEANS USED TO COMMIT THE ADMINISTRATIVE VIOLATION.

7. TRANSPORT MEANS INCLUDE: VARIOUS MOTOR VEHICLES, MOTORCYCLES, BICYCLES, TRICYCLES, ANIMALS, SHIPS, BOATS, AND OTHER MEANS USED TO ILLEGALLY TRANSPORT TIMBER.

8. MEANS ARE CONSIDERED TO HAVE BEEN ILLEGALLY OBTAINED BY THE VIOLATOR IN CASES WHERE THE LEGAL OWNER'S MEANS ARE STOLEN, ROBBED, COERCED, OR ABUSED BY THE VIOLATOR WHEN THE OWNER IS UNABLE TO STOP THE VIOLATOR FROM PUBLICLY TAKING POSSESSION (PUBLICLY TAKEN) OR OTHER ILLEGAL ACTIONS THAT DEPRIVE THE LEGAL OWNER OF POSSESSION, CONTROL, AND USE OF THE MEANS.

9. MEANS ARE CONSIDERED TO HAVE BEEN ILLEGALLY USED BY THE VIOLATOR IN ANY OF THE FOLLOWING SITUATIONS:

a) THE LEGAL OWNER OF THE MEANS LEASES, LOANS, OR EMPLOYS ANOTHER PERSON TO OPERATE THE MEANS FOR LEGITIMATE PURPOSES, BUT THE LEASEE, LOANEE, OR OPERATOR USES THE MEANS TO COMMIT AN ADMINISTRATIVE VIOLATION WITHOUT PERMISSION.

b) THE LEGAL OWNER OF THE MEANS OR THE LEGAL MANAGER OF THE LEASED MEANS HANDS OVER THE MEANS TO THEIR WORKERS FOR LEGITIMATE PRODUCTION AND BUSINESS PURPOSES, BUT THE WORKERS USE THE MEANS TO COMMIT AN ADMINISTRATIVE VIOLATION WITHOUT PERMISSION.

THE LEASE, LOAN, OR EMPLOYMENT OF AN OPERATOR MUST BE AGREED UPON IN WRITING BETWEEN THE LEGAL OWNER AND THE LEASEE, LOANEE, OR OPERATOR BEFORE THE VIOLATION OCCURS. THE AGREEMENT MUST CLEARLY STATE THE USE OF THE LEASED OR LOANED MEANS OR THE OPERATOR'S USE, AND WITHIN 24 HOURS OF THE MEANS BEING TEMPORARILY HELD, THE PERSON TRANSPORTING ILLEGAL TIMBER MUST PRESENT THE AGREEMENT TO THE AUTHORIZED AUTHORITIES HANDLING THE CASE.

10. ORGANIZED VIOLATION IS A CASE WHERE TWO OR MORE PERSONS COLLABORATE TO INTENTIONALLY COMMIT AN ADMINISTRATIVE VIOLATION.

IF AN ORGANIZED VIOLATION IS COMMITTED PRIOR TO ANOTHER VIOLATION RESULTING FROM IT (SUCH AS BURNING A SWAMP CAUSING A FOREST FIRE), THE SUBSEQUENT VIOLATION WILL NOT BE CONSIDERED AN ORGANIZED VIOLATION.

11. REPEATED VIOLATION IS A CASE WHERE THE VIOLATOR HAS COMMITTED AN ADMINISTRATIVE VIOLATION IN THE FIELD OF FOREST MANAGEMENT, FOREST PROTECTION, AND TIMBER MANAGEMENT PRIOR TO THE CURRENT VIOLATION, BUT WAS NOT DISCOVERED OR PUNISHED, OR THE PUNISHMENT TIME LIMIT HAS NOT EXPIRED.

12. RECIDIVISM IS A CASE WHERE THE VIOLATOR HAS BEEN PUNISHED FOR AN ADMINISTRATIVE VIOLATION IN THE FIELD OF FOREST MANAGEMENT, FOREST PROTECTION, AND TIMBER MANAGEMENT PRIOR TO THE CURRENT VIOLATION, BUT THE PUNISHMENT TIME LIMIT HAS NOT EXPIRED.

Article 3. Principles of Imposition of Sanctions

1. ALL ADMINISTRATIVE VIOLATIONS IN THE FIELD OF FOREST MANAGEMENT, FOREST PROTECTION, AND TIMBER MANAGEMENT MUST BE TIMELY DISCOVERED AND IMMEDIATELY STOPPED. ADMINISTRATIVE PENALTIES MUST BE PROCESSED QUICKLY, FAIRLY, AND IN ACCORDANCE WITH THE LAW; THE VIOLATOR OR THE GUARDIAN OF THE VIOLATOR MUST BE RESPONSIBLE FOR REMEDIATING THE CONSEQUENCES CAUSED BY THE VIOLATION ACCORDING TO THE LAW.

THE PERSON COMMITTING AN ADMINISTRATIVE VIOLATION IN THE FIELD OF FOREST MANAGEMENT, FOREST PROTECTION, AND TIMBER MANAGEMENT SHALL BE SUBJECT TO THE ADMINISTRATIVE PENALTIES SET OUT IN THIS DECREE. A SINGLE VIOLATION SHALL BE PUNISHED ONLY ONCE.

2. WHEN DECIDING ON AN ADMINISTRATIVE PENALTY, THE AUTHORIZED PERSON MUST CONSIDER THE BACKGROUND OF THE VIOLATOR; BASED ON THE NATURE AND GRAVITY OF THE VIOLATION; AGGRAVATING AND MITIGATING CIRCUMSTANCES ACCORDING TO ARTICLES 8 AND 9 OF THE ADMINISTRATIVE VIOLATION HANDLING ORDINANCE NO. 44/2002/PL-UBTVQH10 DATED JULY 2, 2002 (HEREINAFTER REFERRED TO AS THE ADMINISTRATIVE VIOLATION HANDLING ORDINANCE) TO APPLY THE PRINCIPAL AND ADDITIONAL PENALTIES AND MEASURES TO REMEDY THE CONSEQUENCES.

3. For administrative offenders without aggravating or mitigating circumstances, the fine amount shall be the middle level of the fine range prescribed for each act stipulated in this Decree. In cases where there are mitigating circumstances, the fine amount may be reduced but not lower than the lowest level of the fine range prescribed for the violation; if there are aggravating circumstances, the fine amount may be increased but not exceeding the highest level of the fine range prescribed for the violation.

4. A person who commits multiple administrative violations shall be punished separately for each violation; if the penalties are fines, they shall be combined into a single fine amount.

If a person commits multiple consecutive administrative violations against the same victim, and the subsequent violation is a continuation and consequence of the previous violation, then the administrative penalty shall be imposed on the violation with the highest fine amount among those stipulated in this Decree.

5. When multiple persons jointly commit an administrative violation, each violator shall be punished for that violation. It is strictly prohibited to divide the common damage among the violators for punishment purposes.

When multiple members of a household jointly commit an administrative violation, the penalty shall be applied as if it were committed by an organization.

Persons aged from fourteen to under sixteen years old who commit administrative violations shall be warned for intentional acts. Persons aged from sixteen to under eighteen years old who commit administrative violations shall be administratively punished for all violations caused by themselves. When imposing a fine on them, the fine amount shall not exceed half the fine amount for adults; if the violator does not have the means to pay the fine, their parents or guardians shall pay on their behalf.

The following violations shall not be subject to administrative penalties but shall be prosecuted criminally:

a) Violations against rare and precious forest plants and animals in groups IA and IB listed in the List of Rare and Precious Forest Plants and Animals issued by Government Decree No. 32/2006/NĐ-CP dated March 30, 2006 on Management of Rare and Precious Forest Plants and Animals (except for the illegal breeding of group IB animals, which shall be handled according to Article 19 of this Decree).

b) Violations causing consequences exceeding the maximum administrative penalty prescribed in Articles 11, 17, and 18; illegal transportation and sale of timber exceeding the maximum administrative penalty prescribed in Articles 20 and 21 of this Decree.

c) Illegal deforestation causing damage to various types of forests (production forests, protective forests, special-use forests) where the area damaged for each type of forest does not exceed the maximum administrative penalty prescribed in this Decree, but the total area damaged exceeds the maximum administrative penalty prescribed for the type of forest with the lowest maximum administrative penalty prescribed in this Decree.

d) Illegally exploiting, transporting, and selling rare and precious timber in group IIA and ordinary timber, where the volume of each type of timber does not exceed the maximum administrative penalty prescribed for each type of timber, but the total volume of the timber violated exceeds the maximum administrative penalty prescribed for ordinary timber.

đ) Persons who have been administratively punished for violations prescribed in Articles 17 and 18; illegal transportation and sale of timber prescribed in Articles 20 and 21 of this Decree, and subsequently reoffend in these violations.

8. Administrative violations that cause damage exceeding the maximum administrative penalty, but are not criminalized under the Penal Code (except for the violations specified in Clause 7 of this Article), shall be subject to the highest administrative penalty prescribed for such violations.

9. Administrative violations concerning forest plants and animals listed in Appendices I and II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) but not included in the List of Rare and Precious Forest Plants and Animals issued by Government Decree No. 32/2006/NĐ-CP dated March 30, 2006 on Management of Rare and Precious Forest Plants and Animals, shall be handled as follows:

a) Administrative violations concerning species listed in Appendix I shall be treated as violations against rare and precious forest plants and animals in groups IA and IB.

b) Administrative violations concerning species listed in Appendix II shall be treated as violations against rare and precious forest plants and animals in groups IIA and IIB.

10. Administrative violations that have been initiated as criminal cases but later discontinued and referred for administrative punishment by the competent authority shall be subject to the highest administrative penalty prescribed for the corresponding violation stipulated in this Decree.

In cases where violations against rare and precious forest plants and animals in groups IA and IB are discontinued as criminal proceedings and referred for administrative punishment, the administrative penalty shall be applied as if the violations were against rare and precious forest plants and animals in groups IIA and IIB.

Article 4. Time Limit for Administrative Sanctions

1. The statute of limitations for administrative penalties in the management of forests, protection of forests, and forest products management is one year from the date the administrative violation was committed. Beyond the statute of limitations for administrative penalties, the violator will not be subject to administrative penalties, only the measures to compel rectification of consequences prescribed in Article 6 of this Decree shall be applied.

2. For violators who have been indicted, prosecuted, or had a decision made to bring them to trial under criminal procedures, but later had a decision to discontinue criminal proceedings and transfer the case file for administrative punishment, the statute of limitations for administrative penalties is three months from the date the competent authority receives the decision to discontinue the criminal case and the case file of the violation.

Article 5. Forms of Administrative Sanctions

1. The person violating administrative regulations shall bear one of the following main forms of administrative sanctions: warning or fine.

2. Depending on the nature and degree of violation, the person violating administrative regulations may also be subject to one or more supplementary forms of administrative sanction; one or more measures to remedy consequences as provided for in this Decree.

3. Foreign persons who violate may be subject to administrative sanction of expulsion from the territory of the Socialist Republic of Vietnam.

Article 6. Measures to Remedy Consequences

In addition to the forms of administrative sanction prescribed in Article 5 of this Decree, the person violating administrative regulations may also be subject to one or more of the following measures to remedy consequences:

1. Compel restoration to the original state that was changed due to the administrative violation, specifically:

a) Replanting the forest damaged or paying the replanting costs according to the investment rate applied at the local level at the time of the administrative violation;

b) Restoring the forest protection facilities and areas of forest that were excavated or paying the restoration costs;

c) Seizing the evidence items which are forest products in cases where the administrative violation exceeds the statute of limitations for administrative violations.

2. Compel removal or pay the cost of removing unauthorized construction works within the forest.

3. Compel payment of fire-fighting costs in forests; costs to remedy consequences caused by harmful forest pests.

4. Compel remediation of environmental pollution or pay the cost of such remediation.

5. Compel destruction of wild animals or parts of their bodies infected with disease.

Article 7. Units of Measurement for Determining Damage Caused by Administrative Violations

1. Forest area measured in square meters (m²).²).

2. Volume of wood measured in cubic meters (m³).³When imposing administrative sanctions, roundwood must be converted. Convert sawn timber and boxwood to roundwood by multiplying by a factor of 1.6.

3. For roots, stems, and complex-shaped woods of endangered, precious, and rare species that cannot be measured for volume in cubic meters, determine by weight, with every 1,000 kg equivalent to 1 m³ of roundwood, or measure by ste and convert equivalently to 0.7 m³.³ 4. Other types of forest products are valued in Vietnamese dong, unit of measurement being dong.³ Other forest products with a value from VND 100,000 to VND 500,000 (based on local market prices).

Article 8. Violation of General State Regulations on Forest Protection

Chapter 2.

VIOLATIONS, FORMS, AND AMOUNTS OF PENALTIES

A person engaging in acts that violate state regulations on forest protection shall be sanctioned as follows:

1. Warning or fine from 100,000 dong to 1,000,000 dong if they commit any of the following violations:

a) Bringing manual or mechanical tools into the forest for hunting wild animals (birds, mammals, aquatic species).

b) Hunting during the breeding season.

c) Using prohibited hunting methods or equipment.

d) Hunting in areas where hunting is forbidden.

đ) Bringing draft animals carrying manual tools into the forest for illegal exploitation and processing of forest products and minerals.

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

2. Fine from 1,000,000 dong to 2,000,000 dong if they commit any of the following violations:

a) Organizing unauthorized scientific research or tourism in special-use forests; illegally collecting samples within the forest.

b) Illegally bringing mechanical equipment into the forest.

c) Advertising and trading in forest plants and animals contrary to the law.

3. Fine from 2,000,000 dong to 3,000,000 dong if they commit the following violation:

a) Using fire improperly in strict protection zones of special-use forests as stipulated by the state.

b) Using fire in dry, flammable areas during the dry season.

c) Using fire near wood storage areas when there is a forest fire forecast from level III to level V.

d) Using fire for hunting, honey collection, or gathering war debris.

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

e) Failing to ensure fire prevention and firefighting safety when using fire sources, heat-producing devices, and storing or using combustible materials within or adjacent to the forest.

4. Fine from 3,000,000 dong to 5,000,000 dong for forest owners assigned or leased by the state if they commit any of the following violations:

a) Lack of a fire prevention and firefighting plan and fire prevention and firefighting facilities.

b) Removing water reserves for firefighting during the dry season.

c) Not organizing patrols and guarding the forest to prevent natural fires under their management.

5. If a person violates the provisions of this Article and causes damage to the forest or forest products, they will be sanctioned according to Article 11, Article 17, Article 18, or Article 19 of this Decree.

6. A person committing violations as stipulated in Clause 1; Point b, c Clause 2 of this Article, in addition to being fined, may also have the evidence items and means of administrative violation confiscated.

6. A person who commits acts violating the provisions set forth in Clause 1; Point b and c, Clause 2 of this Article, in addition to being subject to a fine, may also have the contraband and means of transportation for administrative violations confiscated.

Article 9. Violation of regulations on timber harvesting design

A person violating the regulations on timber harvesting design shall be subject to the following penalties:

1. A fine of from VND 3,000,000 to VND 5,000,000 if they commit any of the following acts:

a) Designing the volume of timber harvesting that deviates from reality (the volume of timber harvested according to the approved design is compared with the volume in the timber harvesting design dossier) by more than 15% but not exceeding 20% in a large forest lot.

b) Marking trees for felling incorrectly beyond the designated objects or outside the designed area.

2. A fine of from VND 5,000,000 to VND 15,000,000 if they commit any of the following acts:

a) Designing the area of timber harvesting at the site that deviates from the map design.

b) Designing the volume of timber harvesting that deviates from reality (the volume of timber harvested according to the approved design is compared with the volume in the timber harvesting design dossier) by more than 20% in a forest lot.

3. In addition to the above penalties, a person who designs timber harvesting in violation of state regulations may also have their professional certificate revoked, be ordered to replant the forest, or pay the cost of replanting the forest that was harvested due to incorrect design.

Article 10. Violation of timber harvesting regulations

A person who harvests timber in violation of the prescribed procedures, formalities, and technical requirements according to the design shall be subject to the following penalties:

1. A fine of from VND 3,000,000 to VND 5,000,000 if they commit any of the following violations:

a) Failing to follow the current state regulations on the procedures for transferring and receiving harvesting documentation and sites.

b) Failing to implement or improperly implementing the design regarding pre-harvesting measures such as cutting vines, post-harvest forest sanitation, and other technical measures to ensure forest regeneration.

2. A fine of from VND 5,000,000 to VND 15,000,000 if they commit any of the following acts:

a) Failing to cut diseased, deformed, or marked trees; failing to fully collect branches, tops, and fallen trees during natural forest harvesting according to the approved design.

b) Establishing transport roads and wood concentration areas in locations different from those specified in the design. If establishing transport roads and wood concentration areas causes damage to the forest, they will be penalized according to Article 17 of this Decree.

3. A person who harvests timber outside the designated lot or cuts unmarked trees shall be penalized according to Article 18 of this Decree.

Article 11. Violation of state regulations on forest fire prevention and firefighting causing forest fires

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

1. A fine of from VND 3,000,000 to VND 5,000,000 if the consequences fall under any of the following circumstances:

a) Forest fire involving young trees not yet forming a forest less than 5,000 square meters.².

b) Forest fire involving production forests less than 2,000 square meters.²;

c) Forest fire involving protective forests less than 1,500 square meters.²;

d) Forest fire involving special-use forests less than 1,000 square meters.².

2. A fine of from VND 5,000,000 to VND 10,000,000 if the consequences fall under any of the following circumstances:

a) Forest fire involving young trees not yet forming a forest from 5,000 square meters.² to 10,000 m².

b) Forest fire involving production forests from 2,000 square meters.² to 3,000 square meters.².

c) Forest fire involving protective forests from 1,500 square meters.² to 2,500 square meters.².

d) Forest fire involving special-use forests from 1,000 square meters.² to 2,000 square meters.².

3. A fine of from VND 10,000,000 to VND 20,000,000 if the consequences fall under any of the following circumstances:

a) Forest fire involving young trees not yet forming a forest from 10,000 square meters.² to 20,000 square meters.².

b) Forest fire involving production forests from 3,000 square meters.² to 5,000 square meters.².

c) Forest fire involving protective forests from 2,500 square meters.² to 4,000 square meters.².

d) Forest fire involving special-use forests from 2,000 square meters.² to 3,000 square meters.².

4. A fine of from VND 20,000,000 to VND 30,000,000 if the consequences fall under any of the following circumstances:

a) Forest fire involving young trees not yet forming a forest from 20,000 square meters.² to 30,000 square meters.².

b) Forest fire involving production forests from 5,000 square meters.² to 6,000 square meters.².

c) Forest fire involving protective forests from 4,000 square meters.² to 5,000 square meters.².

d) Forest fire involving special-use forests from 3,000 square meters.² to 4,000 square meters.².

5. A fine of from VND 30,000,000 to VND 50,000,000 if the consequences fall under any of the following circumstances:

a) Forest fire involving young trees not yet forming a forest from 30,000 square meters.² to 50,000 square meters.².

b) Forest fire involving production forests from 6,000 square meters.² to 10,000 m².

c) Forest fire involving protective forests from 5,000 square meters.² to 7,500 square meters.².

d) Forest fire involving special-use forests from 4,000 square meters.² to 5,000 square meters.².

6. A person who commits violations as stipulated in Clauses 1 through 5 of this Article may also be required to apply one or more of the following remedial measures:

a) Being ordered to replant the forest or pay the cost of replanting the forest.

b) Being ordered to pay the cost of extinguishing the forest fire.

7. A person who intentionally causes a forest fire or burns the forest for any purpose must be penalized according to Article 17 of this Decree.

Article 12. Grazing livestock in forest areas where grazing is prohibited

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

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

2. A fine of from VND 1,000,000 to VND 3,000,000 if grazing livestock in young plantations under three years old, newly planted forests, or regeneration forests that have been designated as off-limits for grazing.

3. A person who violates the provisions of this Article may also be ordered to replant the forest or pay the costs to replant the damaged forest caused by the livestock.

Article 13. Violation of regulations on preventing forest pests

1. A fine of from VND 2,000,000 to VND 10,000,000 for the forest owner who intentionally fails to implement one of the pest prevention measures prescribed by law.

2. A fine of from VND 10,000,000 to VND 20,000,000 for a person using banned pest control chemicals.

3. A person who violates the provisions of this Article may also be ordered to remedy the consequences or bear the costs to remedy the damage caused by forest pests. The banned pest control chemicals shall be confiscated.

Article 14. Illegally encroaching on forests

A person who moves the boundary markers of a forest to illegally occupy and use another person's or the state's forest shall be subject to the following penalties:

1. A fine of from VND 2,000,000 to VND 10,000,000 if illegally encroaching on a forest in one of the following cases:

a) Young plantations not yet forming a forest under 20,000 square meters².

b) Production forests under 6,000 square meters²;

c) Protective forests under 5,000 square meters²;

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

2. A fine of from VND 10,000,000 to VND 20,000,000 if illegally encroaching on a forest in one of the following cases:

a) Young plantations not yet forming a forest from 20,000 square meters² to 30,000 square meters.².

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

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

d) Special-use forests from 4,000 square meters² to 5,000 square meters.².

3. A fine of from VND 20,000,000 to VND 30,000,000 if illegally encroaching on a forest in one of the following cases:

a) Young plantations not yet forming a forest over 30,000 square meters² to 50,000 square meters.².

b) Production forests over 10,000 square meters² to 20,000 square meters.².

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

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

4. A fine of from VND 30,000,000 to VND 50,000,000 if illegally encroaching on a forest in one of the following cases:

a) Young plantations not yet forming a forest over 50,000 square meters².

b) Production forests over 20,000 square meters².

c) Protective forests over 15,000 square meters².

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

5. A person who illegally encroaches on a forest, in addition to being fined as provided above, shall be ordered to return the encroached forest area; dismantle structures, crops, or pay the costs to dismantle construction works, crops on the encroached forest area.

If a person simultaneously illegally encroaches on a forest and destroys or illegally harvests it, they shall be punished according to Articles 17 or 18 of this Decree.

Article 15. Damaging facilities serving forest protection and development

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

1. Warning or a fine of from VND 10,000 to VND 200,000 if committing one of the following acts: writing or drawing on warning signs or promotional boards for forest protection; erasing information or images on warning signs or promotional boards for forest protection.

2. A fine of from VND 200,000 to VND 5,000,000 if dismantling warning signs about forest protection.

3. A fine of from VND 5,000,000 to VND 10,000,000 if committing one of the following acts: digging up forest roads; obstructing patrols for forest protection, anti-forest poacher operations; destroying firebreaks; destroying fences, forest boundary markers.

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

5. A person who commits the above violations may also be ordered to compensate for the costs to remedy the consequences caused by the violation.

Article 16. Unauthorized exploitation of scenery, environment, and forestry services

A person who uses scenery, forest environment, and forestry services for production, service provision, business operations, or establishing cemeteries without permission from competent state authorities or who fails to comply with regulations stipulated in the permit shall be subject to the following penalties:

1. Warning or a fine of VND 10,000 to VND 200,000 if an organization conducts unauthorized scenic tours within a forest.

2. A fine of VND 200,000 to VND 5,000,000 if a cemetery is established illegally within a forest.

3. A fine of VND 5,000,000 to VND 20,000,000 if illegal production, service provision, or business operations are conducted.

4. In addition to the above penalties, the violator may also be ordered to restore the original condition or bear the costs of remedying the consequences caused by the violation.

Article 17. Unauthorized deforestation

A person who cuts down trees, excavates, levels, uses explosives, dams water, discharges toxic substances, or engages in other acts causing damage to forests for any purpose (except those specified in Article 18 of this Decree) without authorization from competent state authorities or who changes the purpose of forest land use but does not comply with the prescribed regulations shall be subject to the following penalties:

1. A fine of VND 200,000 to VND 10,000,000 if unauthorized deforestation occurs under any of the following circumstances:

a) Forest plantations that have not yet matured and cover less than 5,000 square meters.².

b) Production forests covering less than 1,000 square meters.²;

c) Protective forests covering less than 800 square meters.²;

d) Special-use forests covering less than 300 square meters.².

2. A fine of VND 10,000,000 to VND 20,000,000 if unauthorized deforestation occurs under any of the following circumstances:

a) Forest plantations that have not yet matured and cover 5,000 square meters or more.² to 10,000 m².

b) Production forests covering 1,000 square meters or more.² to 2,000 square meters.².

c) Protective forests covering 800 square meters or more.² up to 1,500 square meters.².

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

3. A fine of VND 20,000,000 to VND 30,000,000 if unauthorized deforestation occurs under any of the following circumstances:

a) Forest plantations that have not yet matured and cover more than 10,000 square meters.² to 20,000 square meters.².

b) Production forests covering more than 2,000 square meters.² to 3,000 square meters.².

c) Protective forests covering more than 1,500 square meters.² to 2,000 square meters.².

d) Special-use forests covering more than 500 square meters.² up to 700 square meters.².

4. A fine of VND 30,000,000 to VND 50,000,000 if unauthorized deforestation occurs under any of the following circumstances:

a) Forest plantations that have not yet matured and cover more than 20,000 square meters.² to 30,000 square meters.².

b) Production forests covering more than 3,000 square meters.² to 5,000 square meters.².

c) Protective forests covering more than 2,000 square meters.² to 3,000 square meters.².

d) Special-use forests covering more than 700 square meters.² up to 1,000 square meters.².

5. In addition to the above penalties, the violator may also have forest products confiscated; tools and means of transportation used for the violation may be seized; they may be ordered to replant the forest or pay the cost of replanting the forest.

6. The forest owner assigned by the State to manage, protect, and use natural forests or planted forests funded by the State budget or non-repayable aid funds for forestry purposes shall also be subject to penalties under this Article if they fail to take responsibility and allow unauthorized deforestation.

Article 18. Unauthorized forest exploitation

A person who extracts forest products from a forest without permission from competent state authorities (if prohibited by law or if extraction requires permission from competent state authorities) or who has been granted permission but fails to comply with the prescribed regulations shall be subject to the following penalties:

1. Unauthorized exploitation of production forests

a) For wood that does not belong to endangered, precious, or rare species

- A fine of VND 200,000 to VND 10,000,000 if unauthorized exploitation is less than 2 cubic meters.³.

- A fine of VND 10,000,000 to VND 20,000,000 if unauthorized exploitation is 2 cubic meters or more.³ Other forest products with a value from VND 10,000,000 to VND 20,000,000 (based on local market prices).³.

- A fine of VND 20,000,000 to VND 30,000,000 if unauthorized exploitation is more than 4 cubic meters.³ Firewood from over 15 Ster to 25 Ster.³.

- A fine of VND 30,000,000 to VND 50,000,000 if unauthorized exploitation is more than 6 cubic meters.³ to 10 m³.

- A fine of VND 50,000,000 to VND 100,000,000 if unauthorized exploitation is more than 10 cubic meters.³ to 20 meters³.

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

- A fine of VND 1,000,000 to VND 10,000,000 if unauthorized exploitation is less than 0.7 cubic meters.³.

- A fine of VND 10,000,000 to VND 20,000,000 if unauthorized exploitation is 0.7 cubic meters or more.³ up to 1.5 cubic meters.³.

- A fine of VND 20,000,000 to VND 30,000,000 if unauthorized exploitation is more than 1.5 cubic meters.³ Other forest products with a value from VND 2,000,000 to VND 10,000,000 (based on local market prices).³.

- A fine of VND 30,000,000 to VND 50,000,000 if unauthorized exploitation is more than 2 cubic meters.³ Firewood from over 8 Ster to 20 Ster.³.

- A fine of VND 50,000,000 to VND 100,000,000 if unauthorized exploitation is more than 3 cubic meters.³ Other forest products with a value from over VND 25,000,000 to VND 50,000,000 (based on local market prices).³.

- A fine of VND 100,000,000 to VND 200,000,000 if unauthorized exploitation is more than 7 cubic meters.³ up to 12.5 cubic meters.³.

2. Unauthorized exploitation of protective forests

a) For wood that does not belong to endangered, precious, or rare species

- A fine of VND 500,000 to VND 10,000,000 if unauthorized exploitation is less than 1.5 cubic meters.³.

- A fine of VND 10,000,000 to VND 20,000,000 if unauthorized exploitation is 1.5 cubic meters or more.³ Firewood from over 8 Ster to 20 Ster.³.

- A fine of VND 20,000,000 to VND 30,000,000 if unauthorized exploitation is more than 3 cubic meters.³ to 2 meters³.

- A fine of VND 30,000,000 to VND 50,000,000 if unauthorized exploitation is more than 5 cubic meters.³ to 4 meters³.

- A fine of VND 50,000,000 to VND 100,000,000 if unauthorized exploitation is more than 8 cubic meters.³ to 7 meters³.

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

- A fine of VND 1,000,000 to VND 10,000,000 if unauthorized exploitation is less than 0.5 cubic meters.³.

- A fine of VND 10,000,000 to VND 20,000,000 if unauthorized exploitation is 0.5 cubic meters or more.³ Firewood from over 4 Ster to 10 Ster.³.

- A fine of VND 20,000,000 to VND 30,000,000 if unauthorized exploitation is more than 1 cubic meter.³ up to 1.5 cubic meters.³.

- A fine of VND 30,000,000 to VND 50,000,000 if unauthorized exploitation is more than 1.5 cubic meters.³ Up to 10 meters³.

- A fine of VND 50,000,000 to VND 100,000,000 if unauthorized exploitation is more than 2.5 cubic meters.³ to 2 meters³.

- A fine of VND 100,000,000 to VND 200,000,000 if unauthorized exploitation is more than 5 cubic meters.³ to 10 m³.

3. Unauthorized exploitation of special-use forests

a) For wood that does not belong to endangered, precious, or rare species

- A fine of VND 1,000,000 to VND 10,000,000 if unauthorized exploitation is less than 1 cubic meter.³.

- A fine of VND 10,000,000 to VND 20,000,000 if unauthorized exploitation is 1 cubic meter or more.³ Other forest products with a value from VND 2,000,000 to VND 10,000,000 (based on local market prices).³.

- A fine of VND 20,000,000 to VND 30,000,000 if unauthorized exploitation is more than 2 cubic meters.³ Firewood from over 8 Ster to 20 Ster.³.

- A fine of VND 30,000,000 to VND 50,000,000 if unauthorized exploitation is more than 3 cubic meters.³ to 2 meters³.

- A fine of VND 50,000,000 to VND 100,000,000 if unauthorized exploitation is more than 5 cubic meters.³ to 10 m³.

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

- A fine of VND 1,000,000 to VND 10,000,000 if unauthorized exploitation is less than 0.4 cubic meters.³.

- A fine of VND 10,000,000 to VND 20,000,000 if unauthorized exploitation is 0.4 cubic meters or more.³ Other forest products with a value from over VND 200,000 to VND 1,000,000 (based on local market prices).³.

- A fine of VND 20,000,000 to VND 30,000,000 if unauthorized exploitation is more than 0.7 cubic meters.³ Firewood from over 4 Ster to 10 Ster.³.

- A fine of VND 30,000,000 to VND 50,000,000 if unauthorized exploitation is more than 1 cubic meter.³ up to 1.5 cubic meters.³.

- A fine of VND 50,000,000 to VND 100,000,000 if unauthorized exploitation is more than 1.5 cubic meters.³ Up to 10 meters³.

- A fine of VND 100,000,000 to VND 200,000,000 if illegally exploiting more than 2.5 meters.³ to 2 meters³.

4. For underground coal, anthracite; wild plants and parts thereof belonging to endangered, precious, rare species group IIA:

a) A fine of VND 100,000 to VND 3,000,000 if causing damage to forest products with a value under VND 2,000,000.

b) A fine of VND 3,000,000 to VND 5,000,000 if causing damage to forest products with a value from VND 2,000,000 to VND 3,000,000.

c) A fine of VND 5,000,000 to VND 10,000,000 if causing damage to forest products with a value from over VND 3,000,000 to VND 6,000,000.

d) A fine of VND 10,000,000 to VND 20,000,000 if causing damage to forest products with a value from over VND 6,000,000 to VND 12,000,000.

đ) A fine of VND 20,000,000 to VND 30,000,000 if causing damage to forest products with a value from over VND 12,000,000 to VND 18,000,000.

e) A fine of VND 30,000,000 to VND 50,000,000 if causing damage to forest products with a value from over VND 18,000,000 to VND 30,000,000.

g) A fine of VND 50,000,000 to VND 75,000,000 if causing damage to forest products with a value from over VND 30,000,000 to VND 45,000,000.

5. In cases of illegal exploitation of young trees whose volume cannot be determined, the area of deforestation shall be measured for punishment according to Article 17 of this Decree; if the exploitation is scattered and the area cannot be calculated, the number of trees exploited shall be counted, imposing a fine of VND 50,000 per tree on the violator.

6. In cases of illegal exploitation of scattered wood left on farmland, scattered plantations, illegal exploitation of wood on agricultural land, illegal exploitation of wood lying, illegally dredging wood from rivers, streams, ponds, lakes, punishment shall be imposed according to Clause 1 of this Article.

7. Persons who violate illegal forest exploitation may also be subject to one or more supplementary penalties; measures to remedy the consequences of violations as follows:

a) Confiscation of objects and means used in administrative violations.

b) Revocation of the right to use the Logging Permit as stipulated at point a, Clause 1, Article 41 of this Decree.

c) May be ordered to replant the forest or pay the cost of replanting the forest that has been exploited.

8. Forest owners assigned natural forests or planted forests by state budget funds or non-repayable aid funds to manage, protect, and use for forestry purposes, if they fail to fulfill their responsibilities resulting in illegal exploitation of the forest, shall also be punished according to this Article.

Article 19. Violations of regulations on management and protection of wildlife in forests

Persons who hunt, shoot, trap, capture; raise, keep; kill wildlife in violation of the law shall be punished as follows:

1. A fine of VND 500,000 to VND 10,000,000 if the object of the violation belongs to one of the following cases:

a) Wildlife or parts thereof not belonging to endangered, precious, rare species with a value under VND 7,000,000.

b) Wildlife or parts thereof belonging to endangered, precious, rare species group IIB with a value under VND 4,000,000.

2. A fine of VND 10,000,000 to VND 20,000,000 if the object of the violation belongs to one of the following cases:

a) Wildlife or parts thereof not belonging to endangered, precious, rare species with a value from VND 7,000,000 to VND 13,000,000.

b) Wildlife or parts thereof belonging to endangered, precious, rare species group IIB with a value from VND 4,000,000 to VND 8,000,000.

3. A fine of VND 20,000,000 to VND 30,000,000 if the object of the violation belongs to one of the following cases:

a) Wildlife or parts thereof not belonging to endangered, precious, rare species with a value from over VND 13,000,000 to VND 20,000,000.

b) Wildlife or parts thereof belonging to endangered, precious, rare species group IIB with a value from over VND 8,000,000 to VND 12,000,000.

4. A fine of VND 30,000,000 to VND 50,000,000 if the object of the violation belongs to one of the following cases:

a) Wildlife or parts thereof not belonging to endangered, precious, rare species with a value from over VND 20,000,000 to VND 35,000,000.

b) Wildlife or parts thereof belonging to endangered, precious, rare species group IIB with a value from over VND 12,000,000 to VND 20,000,000.

c) Illegally raising one individual of wildlife belonging to endangered, precious, rare species group IB.

5. A fine of VND 50,000,000 to VND 100,000,000 if the object of the violation belongs to one of the following cases:

a) Wildlife or parts thereof not belonging to endangered, precious, rare species with a value from over VND 35,000,000 to VND 65,000,000.

b) Wildlife or parts thereof belonging to endangered, precious, rare species group IIB with a value from over VND 20,000,000 to VND 40,000,000.

c) Illegally raising two individuals of wildlife belonging to endangered, precious, rare species group IB.

6. A fine of VND 100,000,000 to VND 200,000,000 if the object of the violation belongs to one of the following cases:

a) Wildlife or parts thereof not belonging to endangered, precious, rare species with a value from over VND 65,000,000 to VND 135,000,000.

b) Wildlife or parts thereof belonging to endangered, precious, rare species group IIB with a value from over VND 40,000,000 to VND 80,000,000.

c) Illegally raising from three to four individuals of wildlife belonging to endangered, precious, rare species group IB.

7. A fine of VND 200,000,000 to VND 300,000,000 if the object of the violation belongs to one of the following cases:

a) Wildlife or parts thereof not belonging to endangered, precious, rare species with a value from over VND 135,000,000 to VND 200,000,000.

b) Wildlife or parts thereof belonging to endangered, precious, rare species group IIB with a value from over VND 80,000,000 to VND 120,000,000.

c) Illegally raising from five to six individuals of wildlife belonging to endangered, precious, rare species group IB.

8. A fine of VND 300,000,000 to VND 400,000,000 if the object of the violation belongs to one of the following cases:

a) Wildlife or parts thereof not belonging to endangered, precious, rare species with a value from over VND 200,000,000 to VND 270,000,000.

b) Wildlife or parts thereof belonging to endangered, precious, rare species group IIB with a value from over VND 120,000,000 to VND 160,000,000.

c) Illegally raising from seven to eight individuals of wildlife belonging to endangered, precious, rare species group IB.

9. A fine of VND 400,000,000 to VND 500,000,000 if the object of the violation belongs to one of the following cases:

a) Wild animals or parts thereof not belonging to endangered, precious, or rare species with a value of over 270,000,000 VND.

b) Wild animals or parts thereof belonging to endangered, precious, or rare species group IIB with a value of over 160,000,000 VND.

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

10. In cases where permission has been granted to raise wild animals belonging to endangered, precious, or rare species group IB or other types of wildlife but there is a violation of the standards for breeding facilities, a fine of from 10,000,000 VND to 20,000,000 VND shall be imposed.

11. A person who commits a violation as stipulated in Clauses 1 through 10 of this Article shall also have the contraband and means of transportation confiscated; their Hunting Rifle Permit may be revoked for a period of one year, their Wildlife Breeding Registration Certificate for a period of two years, or their Professional Practice Certificate for a period of two years according to point b, Clause 1, Article 41 of this Decree.

Article 20. Transporting forest products illegally

A person who engages in the act of transporting forest products (from the time the forest products are loaded onto a transport vehicle) without legal documentation or with legal documentation that does not correspond to the actual transported forest products; wood without the forestry inspector's stamp as prescribed by law shall be penalized as follows:

1. A fine of from 500,000 VND to 10,000,000 VND if transporting forest products illegally involves contraband in one of the following situations:

a) Wildlife or parts thereof not belonging to endangered, precious, rare species with a value under VND 7,000,000.

b) Wildlife or parts thereof belonging to endangered, precious, rare species group IIB with a value under VND 4,000,000.

c) Wood not belonging to endangered, precious, or rare species under 2 meters.³.

d) Wood belonging to endangered, precious, or rare species group IIA under 1 meter.³.

đ) Forest plants and parts thereof outside of wood belonging to endangered, precious, or rare species group IIA with a value under 10,000,000 VND.

2. A fine of from 10,000,000 VND to 20,000,000 VND if transporting forest products illegally involves contraband in one of the following situations:

a) Wildlife or parts thereof not belonging to endangered, precious, rare species with a value from VND 7,000,000 to VND 13,000,000.

b) Wildlife or parts thereof belonging to endangered, precious, rare species group IIB with a value from VND 4,000,000 to VND 8,000,000.

c) Wood not belonging to endangered, precious, or rare species from 2 meters.³ Other forest products with a value from VND 10,000,000 to VND 20,000,000 (based on local market prices).³.

d) Wood belonging to endangered, precious, or rare species group IIA from 1 meter.³ up to 1.5 cubic meters.³.

đ) Forest plants and parts thereof outside of wood belonging to endangered, precious, or rare species group IIA with a value from 10,000,000 VND to 20,000,000 VND.

3. A fine of from 20,000,000 VND to 30,000,000 VND if transporting forest products illegally involves contraband in one of the following situations:

a) Wildlife or parts thereof not belonging to endangered, precious, rare species with a value from over VND 13,000,000 to VND 20,000,000.

b) Wildlife or parts thereof belonging to endangered, precious, rare species group IIB with a value from over VND 8,000,000 to VND 12,000,000.

c) Wood not belonging to endangered, precious, or rare species over 4 meters.³ to 6m³.

d) Wood belonging to endangered, precious, or rare species group IIA over 1.5 meters.³ up to 2m³.

đ) Forest plants and parts thereof outside of wood belonging to endangered, precious, or rare species group IIA with a value from 20,000,000 VND to 30,000,000 VND.

4. A fine of from 30,000,000 VND to 50,000,000 VND if transporting forest products illegally involves contraband in one of the following situations:

a) Wildlife or parts thereof not belonging to endangered, precious, rare species with a value from over VND 20,000,000 to VND 35,000,000.

b) Wildlife or parts thereof belonging to endangered, precious, rare species group IIB with a value from over VND 12,000,000 to VND 20,000,000.

c) Wood not belonging to endangered, precious, or rare species over 6 meters.³ to 10m³.

d) Wood belonging to endangered, precious, or rare species group IIA over 2 meters.³ to 3m³.

đ) Forest plants and parts thereof outside of wood belonging to endangered, precious, or rare species group IIA with a value from 30,000,000 VND to 50,000,000 VND.

5. A fine of from 50,000,000 VND to 100,000,000 VND if transporting forest products illegally involves contraband in one of the following situations:

a) Wild animals or parts thereof not belonging to endangered, precious, or rare species with a value from 35,000,000 VND to 70,000,000 VND.

b) Wildlife or parts thereof belonging to endangered, precious, rare species group IIB with a value from over VND 20,000,000 to VND 40,000,000.

c) Wood not belonging to endangered, precious, or rare species over 10 meters.³ to 20m³.

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

đ) Forest plants and parts thereof outside of wood belonging to endangered, precious, or rare species group IIA with a value from 50,000,000 VND to 100,000,000 VND.

6. A fine of from 100,000,000 VND to 200,000,000 VND if transporting forest products illegally involves contraband in one of the following situations:

a) Wild animals or parts thereof not belonging to endangered, precious, or rare species with a value from 70,000,000 VND to 135,000,000 VND.

b) Wildlife or parts thereof belonging to endangered, precious, rare species group IIB with a value from over VND 40,000,000 to VND 80,000,000.

c) Forest plants and parts thereof outside of wood belonging to endangered, precious, or rare species group IIA with a value from 100,000,000 VND to 200,000,000 VND.

7. A fine of from 200,000,000 VND to 300,000,000 VND if transporting forest products illegally involves contraband in one of the following situations:

a) Wildlife or parts thereof not belonging to endangered, precious, rare species with a value from over VND 135,000,000 to VND 200,000,000.

b) Wildlife or parts thereof belonging to endangered, precious, rare species group IIB with a value from over VND 80,000,000 to VND 120,000,000.

8. A fine of from 300,000,000 VND to 400,000,000 VND if transporting forest products illegally involves contraband in one of the following situations:

a) Wildlife or parts thereof not belonging to endangered, precious, rare species with a value from over VND 200,000,000 to VND 270,000,000.

b) Wildlife or parts thereof belonging to endangered, precious, rare species group IIB with a value from over VND 120,000,000 to VND 160,000,000.

9. A fine of from 400,000,000 VND to 500,000,000 VND if transporting forest products illegally involves contraband in one of the following situations:

a) Wild animals or parts thereof not belonging to endangered, precious, or rare species with a value of over 270,000,000 VND.

b) Wild animals or parts thereof belonging to endangered, precious, or rare species group IIB with a value of over 160,000,000 VND.

10. A person who commits the illegal transportation of forest products as stipulated in Clauses 1 through 9 of this Article shall also be subject to one or more of the following additional penalties:

a) Revocation of the Special Transportation Permit; revocation of the Driving License for a period of six months according to point b, Clause 1, Article 41 of this Decree.

b) Confiscation of contraband (except in cases where the wood has legal documentation and legitimate origin but the actual volume exceeds the permissible error as prescribed by the Ministry of Agriculture and Rural Development).

c) Confiscation of the means of transportation (except in cases where the means of transportation was stolen or used illegally as stipulated in Clauses 8 and 9 of Article 2 of this Decree) in one of the following situations:

- Organized violation.

- Repeated violation or recidivism.

- Resistance to law enforcement officers.

- Using vehicles with double compartments, double bottoms, double roofs, or modified vehicles without registration issued by competent state authorities for vehicles required by law to be registered and display license plates.

d) Transporting wood not belonging to endangered, precious, or rare species from 1.5 meters³ upwards; wood belonging to endangered, precious, or rare species group IIA from 0.5 meters³ or more.

đ) Transporting forest plants and parts thereof (outside of wood) belonging to endangered, precious, or rare species group IIA with a value of 10,000,000 VND or more; wild animals not belonging to endangered, precious, or rare species and parts thereof with a value of 3,000,000 VND or more; endangered, precious, or rare species group IIB or parts thereof with a value of 2,000,000 VND or more.

In cases where illegal transportation involves two or more types of timber (timber not belonging to endangered, precious, rare species and precious, rare group IIA timber) or various types of forest products other than timber from endangered, precious, rare species, even though the volume of one type of timber or the value of each type of forest product does not reach the level for confiscation of means of transport, if the total volume of illegally transported timber is 1.5 cubic meters or more, or the total value of illegally transported forest products other than timber is 10,000,000 VND or more.³ or more, or the total value of other forest products other than wood transported illegally is 10,000,000 VND or more.

11. The owner of forest products who is penalized for the act of buying and selling forest products as prescribed in Article 21 of this Decree.

12. The owner of the means of transport shall be penalized as prescribed for the person with the act of illegally transporting forest products as stipulated in this Article (except in cases where the means of transport has been stolen or used without authorization as prescribed in Clause 8 and Clause 9, Article 2 of this Decree).

Article 21. Buying, selling, storing, processing, trading in forest products contrary to the provisions of the State

A person engaging in acts of buying, selling, storing, processing, trading in forest products without valid documentation or with valid documentation but inconsistent with the contents thereof or without a permit when required by law shall be penalized as follows:

1. A fine of between 3,000,000 VND and 10,000,000 VND if the object of evidence falls under one of the following circumstances:

a) Wildlife or parts thereof not belonging to endangered, precious, rare species with a value under VND 7,000,000.

b) Wildlife or parts thereof belonging to endangered, precious, rare species group IIB with a value under VND 4,000,000.

c) Timber not belonging to endangered, precious, rare species less than 2 meters³.

d) Wood belonging to endangered, precious, or rare species group IIA under 1 meter.³.

đ) Forest plants and parts thereof outside of wood belonging to endangered, precious, or rare species group IIA with a value under 10,000,000 VND.

2. A fine of between 10,000,000 VND and 20,000,000 VND if the object of evidence falls under one of the following circumstances:

a) Wildlife or parts thereof not belonging to endangered, precious, rare species with a value from VND 7,000,000 to VND 13,000,000.

b) Wildlife or parts thereof belonging to endangered, precious, rare species group IIB with a value from VND 4,000,000 to VND 8,000,000.

c) Wood not belonging to endangered, precious, or rare species from 2 meters.³ to 4m³.

d) Timber belonging to endangered, precious, rare group IIA from 1 meter³ up to 1.5 cubic meters.³.

đ) Forest plants and parts thereof outside of wood belonging to endangered, precious, or rare species group IIA with a value from 10,000,000 VND to 20,000,000 VND.

3. A fine of between 20,000,000 VND and 30,000,000 VND if the object of evidence falls under one of the following circumstances:

a) Wild animals or parts thereof not belonging to endangered, precious, rare species with a value of over 13,000,000 VND to 20,000,000 VND

b) Wildlife or parts thereof belonging to endangered, precious, rare species group IIB with a value from over VND 8,000,000 to VND 12,000,000.

c) Wood not belonging to endangered, precious, or rare species over 4 meters.³ to 6m³.

d) Wood belonging to endangered, precious, or rare species group IIA over 1.5 meters.³ up to 2m³.

đ) Forest plants and parts thereof outside of wood belonging to endangered, precious, or rare species group IIA with a value from 20,000,000 VND to 30,000,000 VND.

4. A fine of between 30,000,000 VND and 50,000,000 VND if the object of evidence falls under one of the following circumstances:

a) Wild animals or parts thereof not belonging to endangered, precious, rare species with a value of over 20,000,000 VND to 35,000,000 VND

b) Wildlife or parts thereof belonging to endangered, precious, rare species group IIB with a value from over VND 12,000,000 to VND 20,000,000.

c) Timber not belonging to endangered, precious, rare species over 6 meters³ to 10m³.

d) Wood belonging to endangered, precious, or rare species group IIA over 2 meters.³ to 3m³.

đ) Forest plants and parts thereof outside of wood belonging to endangered, precious, or rare species group IIA with a value from 30,000,000 VND to 50,000,000 VND.

5. A fine of between 50,000,000 VND and 100,000,000 VND if the object of evidence falls under one of the following circumstances:

a) Wild animals or parts thereof not belonging to endangered, precious, rare species with a value of over 35,000,000 VND to 70,000,000 VND

b) Wildlife or parts thereof belonging to endangered, precious, rare species group IIB with a value from over VND 20,000,000 to VND 40,000,000.

c) Wood not belonging to endangered, precious, or rare species over 10 meters.³ to 20m³.

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

đ) Forest plants and parts thereof outside of wood belonging to endangered, precious, or rare species group IIA with a value from 50,000,000 VND to 100,000,000 VND.

6. A fine of between 100,000,000 VND and 200,000,000 VND if the object of evidence falls under one of the following circumstances:

a) Wild animals or parts thereof not belonging to endangered, precious, or rare species with a value from 70,000,000 VND to 135,000,000 VND.

b) Wildlife or parts thereof belonging to endangered, precious, rare species group IIB with a value from over VND 40,000,000 to VND 80,000,000.

c) Forest plants and parts thereof outside of wood belonging to endangered, precious, or rare species group IIA with a value from 100,000,000 VND to 200,000,000 VND.

7. A fine of between 200,000,000 VND and 300,000,000 VND if the object of evidence falls under one of the following circumstances:

a) Wildlife or parts thereof not belonging to endangered, precious, rare species with a value from over VND 135,000,000 to VND 200,000,000.

b) Wildlife or parts thereof belonging to endangered, precious, rare species group IIB with a value from over VND 80,000,000 to VND 120,000,000.

8. A fine of between 300,000,000 VND and 400,000,000 VND if the object of evidence falls under one of the following circumstances:

a) Wildlife or parts thereof not belonging to endangered, precious, rare species with a value from over VND 200,000,000 to VND 270,000,000.

b) Wildlife or parts thereof belonging to endangered, precious, rare species group IIB with a value from over VND 120,000,000 to VND 160,000,000.

9. A fine of between 400,000,000 VND and 500,000,000 VND if the object of evidence falls under one of the following circumstances:

a) Wild animals or parts thereof not belonging to endangered, precious, or rare species with a value of over 270,000,000 VND.

b) Wild animals or parts thereof belonging to endangered, precious, or rare species group IIB with a value of over 160,000,000 VND.

10. Persons violating the provisions from Clause 1 to Clause 9 of this Article shall also have their contraband confiscated; they may also have their right to use Permits, Certificates of Practice revoked according to Point b, Clause 1, Article 41 of this Decree.

11. In cases of illegal storage of forest products where there is no basis to determine that the forest products belong to others, the owner of the premises or the processing facility must be penalized according to the provisions of this Article.

Article 22. Violations of administrative procedures in purchasing, selling, transporting, processing, trading, and storing forest products

1. A fine of from VND 1,000,000 to VND 3,000,000 if any of the following circumstances apply:

a) The head of a processing, trading, purchasing, or selling entity of forest products does not record entries in the logbook for incoming and outgoing forest products as prescribed by law.

b) The owner of processed, traded, transported, purchased, or sold wild plants and parts thereof (other than wood) belonging to endangered, precious, and rare species group IIA; wild animals and parts thereof bred legally but does not comply with current state regulations on management procedures.

c) The owner of transported, purchased, sold, or stored plantation timber, household garden timber, scattered trees of legal origin but does not comply with current state regulations on management procedures.

2. A fine of from VND 3,000,000 to VND 5,000,000 for the owner of imported forest products that are purchased, sold, transported, processed, traded, or stored of legal origin but does not comply with current state regulations on management procedures.

3. A fine of from VND 5,000,000 to VND 10,000,000 for the owner of transported, purchased, sold, or stored natural forest timber of legal origin but does not comply with current state regulations on management procedures.

Chapter 3.

AUTHORITY TO ISSUE ADMINISTRATIVE VIOLATION DECISIONS AND VIOLATION RECORDS

Article 23. Administrative Sanctioning Authority of Forest Rangers

1. Forest rangers on duty have the authority to issue warnings or impose fines up to VND 200,000.

2. The Head of the Forest Ranger Station has the authority to issue warnings or impose fines up to VND 5,000,000; confiscate items and means used in administrative violations valued up to VND 20,000,000.

3. The Head of the County-level Forest Ranger Station, the Head of the Protective Forest Ranger Station, the Head of the Special-use Forest Ranger Station (hereinafter collectively referred to as the Head of the Forest Ranger Station); the Head of the Mobile Forest Ranger Team (the Head of the Mobile Forest Ranger Team and Forest Fire Prevention and Control Team) have the authority to issue warnings or impose fines up to VND 10,000,000; confiscate items and means used in administrative violations valued up to VND 30,000,000; apply remedial measures as stipulated in Clause 1, 3, and 5 of Article 6 of this Decree.

4. The Director of the Forest Ranger Department, the Head of the Special Task Force of the Forest Ranger Department have the authority to issue warnings or impose fines up to VND 20,000,000; revoke the right to use the Logging Permit as stipulated in Point b Clause 7 Article 18; revoke the right to use the Hunting Weapon Usage Permit, Breeding Registration Certificate for Wildlife Reproduction, Professional Certificate as stipulated in Clause 11 Article 19; revoke the right to use the Special Transport Permit, Driving License as stipulated in Point a Clause 10 Article 20 of this Decree; confiscate items and means used in administrative violations; apply remedial measures as stipulated in Article 6 of this Decree.

5. The Director of the Forest Ranger Department has the authority to issue warnings or impose fines up to VND 500,000,000; revoke the right to use the Logging Permit as stipulated in Point b Clause 7 Article 18; revoke the right to use the Hunting Weapon Usage Permit, Breeding Registration Certificate for Wildlife Reproduction, Professional Certificate as stipulated in Clause 11 Article 19; revoke the right to use the Special Transport Permit, Driving License as stipulated in Point a Clause 10 Article 20 of this Decree; confiscate items and means used in administrative violations; apply remedial measures as stipulated in Article 6 of this Decree.

Article 24. Competence to impose administrative penalties of Chairpersons of People's Committees at all levels

1. The Chairman of the People's Committee at the commune level has the authority to issue warnings or impose fines up to VND 2,000,000; confiscate items and means used in administrative violations valued up to VND 2,000,000; apply remedial measures as stipulated in Clause 1 and 4 of Article 6 of this Decree.

2. The Chairman of the People's Committee at the district level has the authority to issue warnings or impose fines up to VND 30,000,000; revoke the right to use the Permit as stipulated in Point b Clause 7 Article 18; revoke the right to use the Hunting Weapon Usage Permit, Breeding Registration Certificate for Wildlife Reproduction, Professional Certificate as stipulated in Clause 11 Article 19; revoke the right to use the Special Transport Permit, Driving License as stipulated in Point a Clause 10 Article 20 of this Decree; confiscate items and means used in administrative violations; apply remedial measures as stipulated in Article 6 of this Decree.

3. The Chairman of the People's Committee at the provincial level has the authority to issue warnings or impose fines up to VND 500,000,000; revoke the right to use the Logging Permit as stipulated in Point b Clause 7 Article 18; revoke the right to use the Hunting Weapon Usage Permit, Breeding Registration Certificate for Wildlife Reproduction, Professional Certificate as stipulated in Clause 11 Article 19; revoke the right to use the Special Transport Permit, Driving License as stipulated in Point a Clause 10 Article 20 of this Decree; confiscate items and means used in administrative violations; apply remedial measures as stipulated in Article 6 of this Decree.

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

Article 25. Delegation of Administrative Violation Sanctioning Authority

1. The authority to sanction administrative violations as prescribed in Clauses 2, 3, 4, 5 of Article 23 and Article 24 of this Decree may delegate such sanctioning authority to deputies to perform.

2. The delegation must be carried out in writing; it must clearly define the scope, content, and duration of the delegation. The deputy who is delegated must bear responsibility for their administrative violation sanctioning decisions before the superior and under the law.

Article 26. Determination of Administrative Violation Sanctioning Authority

1. The administrative violation sanctioning authority prescribed in Articles 23 and 24 of this Decree applies to a single administrative violation act.

2. The fine-imposing authority is determined based on the maximum amount of the fine penalty framework specified for each administrative violation act.

In cases where the fine amount, value of contraband items, confiscated means, or one of the forms of punishment or remedial measures exceed the authority or fall outside the authority, the person handling the violation case must promptly transfer the violation case to the person with the appropriate sanctioning authority.

3. In cases where an individual commits multiple administrative violations, the authority to impose penalties is determined according to the following principles:

a) If the form and level of punishment prescribed for each act all fall within the authority of the person imposing the punishment, then the sanctioning authority remains with that person.

b) If the form and level of penalty prescribed for one of the violations exceed the authority of the person imposing penalties, then that person must transfer the case to the authority with jurisdiction to impose penalties.

c) If the acts falling within the sanctioning authority of multiple persons from different sectors, then the sanctioning authority belongs to the Chairman of the People's Committee at the level with the authority to impose sanctions where the violation occurred.

4. In cases where an administrative violation causes consequences affecting forests of several adjacent localities, the sanctioning authority belongs to the locality suffering the most forest damage in that violation.

5. Functional agencies such as Police, Border Guard, Customs, Tax, Market Management, Inspection, Forest Owners have the responsibility to closely cooperate with the Forest Protection Agency in inspecting, auditing, and preventing administrative violations in forest management, forest protection, and forest product management. Upon discovering an administrative violation, they must record it according to regulations and within five days from the date of recording, transfer the case file, contraband items, and means used for the administrative violation to the same-level Forest Protection Agency for punishment; if the violation does not fall within their sanctioning authority, after receiving the case, the Forest Protection Agency transfers the case file to the authority with the appropriate sanctioning authority as stipulated in Articles 23 and 24 of this Decree. In cases where provinces or districts do not have a Forest Protection Agency, the violation cases seized by functional agencies are transferred to the Provincial People's Committee Office or District People's Committee for advice to the Chairman of the People's Committee at that level to impose sanctions according to their authority. The agency handling the violation has the responsibility to reimburse the transferring agency for reasonable expenses incurred during the seizure and storage of contraband items.

Article 27. Resolution of Cases Exceeding Administrative Violation Sanctioning Authority

1. In cases where the fine amount for a violation or the value of contraband items and means in a violation exceeds the sanctioning authority of the current level, the person handling the case file must transfer the entire case file to the higher authority for punishment within the time limit prescribed in Article 36 of this Decree. The transfer of the case file is as follows:

a) In cases where the violation exceeds the sanctioning authority of a forest ranger, it is transferred to the direct head.

b) In cases where the violation exceeds the sanctioning authority of the Forest Station Director, Chairman of the Commune People's Committee, it is transferred to the Forest Inspectorate Branch Director.

c) In cases where the violation exceeds the sanctioning authority of the Forest Inspectorate Branch Director, it is transferred to the Forest Inspectorate Branch Chief or the Chairman of the District People's Committee where the violation occurred for handling.

d) In cases where the violation exceeds the sanctioning authority of the Mobile Forest Ranger Team Leader and Forest Fire Prevention and Control Team Leader, it is transferred to the Forest Inspectorate Branch Chief for punishment.

đ) In cases where the violation exceeds the sanctioning authority of the District People's Committee Chairman or the Forest Inspectorate Branch Chief, it is transferred to the Province People's Committee Chairman for punishment.

e) In cases where the violation exceeds the sanctioning authority of the Forest Inspectorate Branch Director of the National Park directly under the Forest Inspectorate Bureau, it is transferred to the competent authority (Forest Inspectorate Branch or Chairman of the District People's Committee, Chairman of the Province People's Committee where the violation occurred or transferred to the Forest Inspectorate Bureau) for punishment.

2. The transfer of the case file to the authority with the appropriate sanctioning authority is carried out through the Forest Protection system. Forest products and means of violation temporarily detained, the agency issuing the temporary detention decision must store them at the place of detention, awaiting the punishment decision of the competent authority. After the punishment decision is made, the Forest Protection Agency is responsible for implementing that decision.

Chapter 4.

IMPLEMENTATION OF PREVENTIVE MEASURES

Article 28. Examination of persons and temporary detention of persons under administrative procedures

1. Examination of persons under administrative procedures shall be carried out in accordance with the provisions of Article 47 of the Ordinance on Handling Administrative Violations.

2. Temporary detention of persons under administrative procedures shall be carried out in accordance with the provisions of Article 44 of the Ordinance on Handling Administrative Violations; Clause 18, Article 1 of Ordinance No. 04/2008/PL-UBTVQH12 dated April 2, 2008 of the Standing Committee of the National Assembly amending and supplementing certain articles of the Ordinance on Handling Administrative Violations (hereinafter referred to as the Ordinance Amending and Supplementing Certain Articles of the Ordinance on Handling Administrative Violations) and Decree No. 162/2004/NĐ-CP dated September 7, 2004 of the Government promulgating the Regulations on Temporary Detention of Persons under Administrative Procedures.

Article 29. Examination of transport vehicles and objects

When there is evidence indicating that transport vehicles, bags, containers... are concealing illegally felled timber, the Special Forest Protection Task Force Commander, Forest Protection Station Head, Forest Protection Mobile and Firefighting Team Commander, forest protection officials performing tasks to inspect and control timber use flags, signal boards, horns, or flashlights (in case of nighttime) to signal the driver of the transport vehicle on roads or waterways to stop for inspection of timber. The examination of vehicles and objects shall be carried out in accordance with the provisions of Article 48 of the Ordinance on Handling Administrative Violations.

Article 30. Examination of places concealing evidence and means of administrative violations

Those specified in Clause 18, Article 1 of the Ordinance Amending and Supplementing Certain Articles of the Ordinance on Handling Administrative Violations, Forest Protection Station Heads, Forest Protection Mobile and Firefighting Team Commanders belonging to the forest protection force and other competent agencies specified in Clause 5, Article 26 of this Decree, when exercising their authority to inspect and supervise in the field of forest management, forest protection, and timber management, have the right to decide to examine the forest scene, the scene of places concealing timber, means of administrative violations according to the provisions of Clause 20, Article 1 of the Ordinance Amending and Supplementing Certain Articles of the Ordinance on Handling Administrative Violations.

In cases where the place concealing evidence and means of administrative violations is a residence, the decision to examine must obtain the written consent of the Chairman of the People's Committee of the district where the evidence and means are concealed before proceeding. The residence referred to in this provision is a location used for regular residence by individuals or households with permanent registration or temporary registration; registered means if the means is the regular residence of an individual or household.

It is not allowed to examine places concealing evidence and means of administrative violations at night, except in cases where there is evidence that if the examination is not organized immediately, the evidence and means of administrative violations will be dispersed, destroyed, or the collection of evidence cannot be carried out, or the examination is being conducted but has not been completed, which must be clearly stated in the record.

Article 31. Temporary detention of evidence and means of administrative violations

1. When discovering administrative violations in the field of forest management, forest protection, and timber management, if it is necessary to temporarily detain evidence and means of administrative violations to prevent administrative violations, to verify circumstances serving as grounds for punishment, or to ensure the execution of the penalty decision, the Special Forest Protection Task Force Commander, Forest Protection Station Head, Forest Protection Mobile and Firefighting Team Commander, and others specified in Clauses 18 and 19, Article 1 of the Ordinance Amending and Supplementing Certain Articles of the Ordinance on Handling Administrative Violations have the right to temporarily detain evidence and means of administrative violations.

The temporary detention of evidence and means of administrative violations shall be carried out in accordance with the provisions of Clause 19, Article 1 of the Ordinance Amending and Supplementing Certain Articles of the Ordinance on Handling Administrative Violations.

2. The period of temporary detention of means of administrative violations is as follows:

a) For simple cases where the violation is clear and does not require further verification, the period of temporary detention of means of administrative violations shall not exceed 10 days.

b) For complex cases requiring investigation, the period of temporary detention of means of administrative violations may be extended but shall not exceed 60 days from the date of temporary detention of means of administrative violations.

The period of temporary detention of means of administrative violations stipulated in points a and b of Clause 2 of this Article shall be calculated based on working days and shall not include holidays as prescribed by law.

Chapter 5.

PROCEDURES FOR ADMINISTRATIVE PENALTY AND ENFORCEMENT OF THE DECISION ON ADMINISTRATIVE PENALTY

Article 32. Suspension of Administrative Violations

Upon discovering administrative violations as stipulated from Article 8 to Article 22 of this Decree or activities of individuals or organizations that pose a risk of causing forest fires or damage to forests, the authorized authority enforcing public duties must immediately issue a decision to suspend such activities. The suspension decision may be in writing or oral form, through whistles, signals, or other forms depending on specific cases of violation. After suspending activities harmful to forests, forestry officials must promptly report to their immediate superiors.

Article 33. Simple Procedure for Administrative Sanctions

This refers to cases where the authorized authority does not prepare a record but issues an administrative sanction decision on the spot.

1. Cases that can be handled under the simple procedure:

a) Administrative violations where the prescribed penalty is a warning or a fine from VND 10,000 to VND 200,000.

b) Multiple administrative violations committed by one person where the prescribed penalty for each violation is a warning or a fine from VND 10,000 to VND 200,000.

2. An administrative sanction decision made under the simple procedure must be in writing according to the prescribed model; the content of the administrative sanction decision must be complete as stipulated in Clause 21, Article 1 of the Ordinance amending and supplementing certain provisions of the Ordinance on Handling Administrative Violations. Individuals or organizations subject to sanctions may pay the fine on the spot to the authorized authority and receive a receipt issued by the Ministry of Finance.

Article 34. Preparation of Records on Administrative Violations

1. The authorized authority enforcing public duties has the responsibility to prepare records according to the prescribed model for administrative violations they discover as stipulated in Clause 22, Article 1 of the Ordinance amending and supplementing certain provisions of the Ordinance on Handling Administrative Violations, except in cases of sanctions under the simple procedure as stipulated in Clause 21, Article 1 of the Ordinance amending and supplementing certain provisions of the Ordinance on Handling Administrative Violations.

2. For functional agencies specified in Clause 5, Article 26 of this Decree, when discovering administrative violations in the field of forest management, protection, and forest product management, they shall proceed to prepare records, temporarily detain evidence and means of administrative violations, and transfer them to the forestry agency as prescribed. Records prepared and transferred by these functional agencies serve as the basis for imposing administrative sanctions.

3. For forest owners, upon discovering individuals or organizations committing administrative violations within their managed forest area, they have the right to temporarily detain evidence and means of administrative violations, prepare records, escort violators, and hand over files and violators to the forestry agency or the People's Committee of the commune, ward, or town where the violation occurred. Records prepared by forest owners serve as the basis for the competent authority to prepare administrative violation records.

4. In cases where unclaimed or ownerless evidence and means of administrative violations are discovered, the persons specified in Clause 1 and 2 of this Article shall prepare detailed inspection records for forest products, temporarily detain the evidence and means of administrative violations, and conduct investigations to identify violators for handling in accordance with the law.

Article 35. Decision on Administrative Offense Sanctions

1. After identifying the act and degree of violation, the authorized sanctioning authority must base its consideration and decision on the forms and levels of sanctions for each violation according to the factors stipulated in Article 3 of this Decree.

2. Determination of the average level of the fine range

When imposing a fine, the specific amount of the fine for an administrative offense without aggravating or mitigating circumstances is the midpoint of the fine range prescribed for that act. The midpoint of the fine range is determined by dividing the sum of the minimum and maximum amounts by two.

3. The decision on administrative offense sanctions must ensure compliance with jurisdiction, form, procedure, process, and model as prescribed. The content of the decision on administrative offense sanctions must be complete as stipulated in Article 56 of the Ordinance on Handling Administrative Violations. In cases where the provisions of Clause 4, Article 44 of this Decree are applied, it must be clearly recorded in the decision on sanctions.

Article 36. Time Limit for Issuing a Decision on Administrative Offense Sanctions

1. Time limit for issuing a decision on administrative offense sanctions

a) For simple cases where the violation is clear and does not require further investigation, the decision on administrative offense sanctions must be issued within ten working days from the date of recording the administrative violation in the record.

b) For cases with complex circumstances such as objects requiring examination, the need to clarify the violator or other complex circumstances, the time limit for issuing a decision on administrative offense sanctions shall not exceed thirty working days from the date of recording the administrative violation in the record.

If additional time is needed for investigation and evidence collection, the authorized administrative offense sanctioning authority must submit a report to the directly responsible superior authority requesting an extension at least ten days before the end of the sanctioning period; the maximum extension period shall not exceed thirty days.

The time limit for issuing a decision on administrative offense sanctions is calculated based on working days and does not include holidays as prescribed by law.

2. Procedure for extending the time limit for issuing a decision on administrative offense sanctions is as follows:

a) The Forest Ranger Station Director extends the time limit for violations within the sanctioning authority of the Forest Ranger Station Branch Director.

b) The Forest Protection Service Director extends the time limit for violations within the sanctioning authority of the Mobile Forest Protection Team and Fire Prevention and Control Team Directors, and the Forest Ranger Station Director.

c) The Chairman of the People's Committee of the district extends the time limit for violations within the sanctioning authority of the Chairman of the People's Committee of the commune.

d) The Chairman of the People's Committee of the province extends the time limit for violations within the sanctioning authority of the Forest Protection Service Director, the Chairman of the People's Committee of the district, and for violations sanctioned by himself.

đ) The Director of the Forest Protection Department extends the time limit for violations within the sanctioning authority of the Special Task Force Forest Rangers and for violations sanctioned by himself.

3. Cases where a decision on administrative offense sanctions cannot be issued

a) Where the time limit prescribed in point a, Clause 1 of this Article has expired.

b) Where the time limit for issuing a decision on administrative offense sanctions prescribed in point b, Clause 1 of this Article has expired without requesting an extension or where an extension was requested but not granted by the competent authority.

c) Where the time limit granted by the competent authority has expired.

4. In cases where a decision on administrative offense sanctions is not issued, the authorized authority may still issue a decision on compulsory remedial measures as stipulated in Article 6 of this Decree and confiscate forest products as evidence of the administrative violation.

Article 37. Decision to Compel Remediation of Consequences in Cases Where Administrative Violation Penalty Decisions Are Not Issued

1. In cases where the time limit for imposing administrative violation penalties as stipulated in Article 4 of this Decree or the deadline for issuing administrative violation penalty decisions as stipulated in Clause 3 of Article 36 of this Decree has expired, the authorized authority shall not issue a penalty decision but may still issue a decision to compel remediation of consequences and confiscate forest products as evidence of administrative violations.

2. The decision to compel remediation of consequences must be in writing in accordance with the prescribed form. The decision must clearly state: the date, month, year of the decision; the name, position of the decision maker; the name, address, occupation of the violator or the name, address of the violating organization; the administrative violation act; relevant circumstances related to the handling of the violation case; the provisions of the legal document applied; reasons for not applying the penalty form; remedial measures applied; the deadline for implementing the remediation decision; quantity; volume of confiscated forest products; signature of the decision maker.

Article 38. Determining the Value of Evidence and Means of Transport Involved in Administrative Violations as Basis for Determining Fine Range and Penalty Authority

1. After temporarily seizing evidence and means of transport involved in administrative violations, the authorized authority to impose penalties must conduct valuation as the basis for determining the fine range and penalty authority for administrative violations and bear responsibility for valuing evidence and means of transport involved in administrative violations.

2. Depending on the specific type of evidence and means of transport, the valuation is based on one of the following grounds in order of priority:

a) Listed price or price recorded on purchase-sale contracts or invoices or import declarations.

b) Market price of the evidence and means of transport at the time and place of discovery of the administrative violation according to the announcement of the local financial agency.

c) Production cost of the evidence and means of transport if they are unsold goods.

d) For evidence and means of transport that are counterfeit goods, their value is the market price of genuine goods or goods with similar features, technical specifications, and functions at the time and place of discovery of the administrative violation.

e) Actual remaining value of the evidence and means of transport.

3. In cases where the grounds specified in Clause 2 of this Article cannot be applied for valuation of evidence and means of transport, the competent authority or person authorized to impose penalties shall establish a Valuation Board. The Valuation Board must include representatives from the provincial auction service center or representatives from the county-level financial agency. Based on the nature and characteristics of each case, the decision maker establishes the members of the board including representatives from related specialized agencies participating in the board.

If the value of the evidence and means of transport involved in the violation falls within the confiscation authority of the person who issued the temporary seizure decision, that person decides to confiscate it; in cases where the value of the evidence and means of transport involved in the violation exceeds the confiscation authority of the person who issued the temporary seizure decision, the case must be transferred to the person with the authority.

4. The basis for valuation and related documents concerning the valuation of goods, evidence, and means of transport involved in administrative violations must be reflected in the administrative violation penalty file.

Article 39. Signing and stamping administrative violation penalty decisions

1. Administrative violation penalty decisions shall be directly signed by the authorized administrative violation penalty authority and the authorized representative, not signed on behalf (T/M) or substituted (KT).

2. Stamping administrative violation penalty decisions

a) The authorized administrative violation penalty authority and the authorized representative to impose administrative violations may stamp the agency of the authorized administrative violation penalty authority for that act. The stamp shall be placed on one-third of the signature towards the left side of the signature.

b) In cases where the authorized administrative violation penalty authority issues a penalty decision but does not have the right to stamp directly, the penalty decision shall be stamped with the agency's seal of the decision-making authority at the top left corner of the decision, where the name of the penalizing agency and the number, code of the penalty decision are recorded.

Article 40. Collection and payment of fines

1. Collection of fines

a) The State Treasury is responsible for organizing the collection of administrative violation fines, ensuring convenience for those paying the fines. The collection of administrative violation fines must be based on the administrative violation penalty decision of the authorized administrative violation penalty authority as stipulated in the Ordinance on Handling Administrative Violations.

b) The authorized administrative violation penalty authority may collect fines on the spot in the following cases:

- Fines from VND 10,000 to VND 200,000.

- Imposing penalties outside regular working hours.

- Penalty locations in remote, isolated areas, on rivers, at sea, or regions where travel is difficult.

c) In cases where individuals or organizations violating the law are unable to pay fines on the spot, they must pay the fines at the State Treasury according to regulations. The authorized administrative violation penalty authority is responsible for delivering the administrative violation penalty decision to the individual or organization being penalized, and simultaneously sending the administrative violation penalty decision to the State Treasury collecting the fine within three working days from the date of issuing the penalty decision.

2. Time limit for payment of fines

a) Individuals or organizations collecting fines on the spot for administrative violations must ensure the total amount of fines recorded in the receipts and administrative violation penalty decisions of the competent authority is paid into the State Treasury within two working days from the date of collecting the fines.

b) In cases where the location of administrative violation penalties is in remote, isolated areas or regions where travel is difficult, the authorized administrative violation penalty authority may collect fines on the spot and is responsible for depositing the collected fines into the State Treasury within seven days from the date of collecting the fines; if the person being penalized is unable to pay on the spot, it shall be handled according to the provisions of Clause 3 of this Article.

c) In cases where the location of administrative violation penalties is on rivers or at sea, the authorized administrative violation penalty authority may collect fines on the spot and is responsible for depositing the collected fines into the State Treasury within two working days from the date of reaching shore. If fines are not paid on the spot, individuals or organizations being penalized must pay the fines into the State Treasury within two working days from the date of reaching shore.

3. In cases where fines are not collected on the spot (except for the cases specified in point c of Clause 2 of this Article), individuals or organizations being penalized must pay the full amount of fines recorded in the penalty decision to the State Treasury within ten days from the date of receiving the penalty decision.

The State Treasury collecting the fines is responsible for promptly notifying the organization of the decision-making authority about cases where individuals or organizations being penalized fail to comply with the administrative violation penalty decision beyond the time limit for payment so that enforcement can be carried out according to the law.

4. Management and use of funds from administrative violation penalties

a) All funds collected from administrative violation penalties must be fully deposited into the state budget through accounts opened at the State Treasury.

b) The use of funds from administrative violation penalties already deposited into the state budget to support operating expenses for agencies and organizations handling administrative violations must comply with the regulations of the state budget law.

Article 41. Revocation of the Right to Use Licenses and Professional Certificates

1. Revocation of the right to use licenses and professional certificates is a supplementary form of administrative penalty, applied alongside the main form of punishment in the following cases:

a) Violations stipulated in Article 18 of this Decree with an average fine exceeding VND 30,000,000.

b) Violations stipulated in Articles 19, 20, and 21 of this Decree with an average fine exceeding VND 20,000,000.

2. The authority responsible for imposing administrative penalties is also the authority that revokes the right to use licenses and professional certificates for violators. Within three days from the date of the decision on administrative penalties, the person who issued the decision must notify in writing the issuing agency of the license or professional certificate about the application of the revocation form of administrative penalty.

3. The procedure for revoking the right to use licenses and professional certificates shall be carried out according to the provisions of Article 59 of the Administrative Violation Handling Ordinance.

Article 42. Handling Cases of Violations Recorded by Forest Owners

1. Cases of violations related to forest management, forest protection, and forest product management recorded by forest owners must be completed, consolidated, and handled according to the provisions of this Decree.

2. Seized forest products returned to forest owners in the following cases:

a) The forest owner discovers and apprehends the violator within their forest area.

b) The forest owner does not apprehend the violator but has sufficient evidence to prove that the seized forest products belong to the planted forest funded by the forest owner.

Article 43. Handling Evidence and Means of Administrative Violations

1. Evidence and means of administrative violations temporarily detained

For fresh live items or injured wild animals not belonging to Group IIB or other fresh forest products not belonging to Group IA, the authority imposing the penalty shall record the incident and organize immediate sale at the price specified by the provincial People's Committee. The proceeds shall be deposited into a Treasury account. If the evidence is subsequently confiscated according to the decision of the authority, after deducting expenses as prescribed by law, the remaining amount shall be paid into the state budget; if the evidence is not confiscated, the proceeds must be returned to the rightful owner, lawful manager, or user.

2. For evidence and means of administrative violations confiscated

a) Handling wild animal evidence when confiscating follows the guidelines of the Ministry of Agriculture and Rural Development.

b) In cases where the violator voluntarily pays the value of the confiscated forest products (at the price specified by the provincial People's Committee), the authority imposing the penalty collects the money, deposits it into the Treasury, and returns the confiscated forest products, except for endangered, precious, rare species belonging to Groups IA and IB, and forest products processed according to the provisions of point a, clause 2 of this Article.

c) Confiscated means of administrative violations with poor quality or expired according to the law shall be organized for sale as scrap or destruction by the Forest Inspection Division in coordination with the financial agencies at the same level and relevant agencies.

d) For evidence and means of administrative violations confiscated not covered by clause 1 or points a, b, c of clause 2 of this Article, they shall be handled as follows:

Within ten working days from the date of confiscation and transfer to the state treasury, the authority issuing the decision must send the confiscation decision and notification to the authorized auction service center. In cases where the evidence and means of administrative violations are confiscated by the central authority, they shall be transferred to the provincial auction service center where the violation occurred or where the evidence was confiscated for auction. The location for transferring the evidence and means of administrative violations confiscated to the auction service center is at the place of confiscation. After the transfer, the auction service center is responsible for managing and preserving the evidence and means.

Within one month from the date of receiving the evidence and means of administrative violations, the authorized auction service center must organize an auction according to current regulations. Beyond this period, the Forest Inspection Division shall organize the auction, deposit the proceeds into the Treasury, and then notify the financial agency at the same level.

đ) Provinces and districts without a Forest Inspection Agency shall transfer forest products after confiscation to the financial agency at the same level for sale according to current regulations.

Article 44. Enforcement of Administrative Offense Penalty Decisions

1. After issuing an administrative offense penalty decision, the authorized authority must deliver the decision to the person being penalized or notify that person to come and collect it. If within one year from the issuance of the penalty decision, the authorized authority is unable to deliver the decision to the person being penalized, the authority that issued the decision must issue a decision suspending the enforcement of the penalty decision against that person, except for the confiscation of contraband items or means of committing administrative offenses.

2. An administrative offense penalty decision must be enforced within ten days from the date the person who committed the administrative offense is delivered the penalty decision, except in cases where fines are paid in installments as provided for in Clause 24, Article 1 of the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Handling Administrative Violations, or where the execution of the penalty decision is suspended according to the provisions of Article 65 of the Ordinance on Handling Administrative Violations.

In cases where an administrative offense penalty decision has exceeded its enforceable period due to the person being penalized's inability to pay the fine, the authority that issued the penalty decision must compile and report to the Forest Inspection Office to compile and report to the Provincial People's Committee for resolution.

3. In cases where individuals or organizations commit administrative offenses in an administrative unit within this province but reside or have their headquarters in another province and cannot enforce the penalty decision at the place of violation, the decision shall be transferred to the equivalent authority at the place of residence of the individual or the location of the organization's headquarters for enforcement. If there is no equivalent authority at the place of residence or headquarters location, the penalty decision shall be transferred to the District People's Committee for enforcement.

In cases where violations occur in a district within the mountainous, island, or remote areas of a province where travel is difficult, and individuals or organizations committing the violations cannot enforce the penalty decision at the place of violation, the decision shall be transferred to the equivalent authority at the place of residence of the individual or the location of the organization's headquarters for enforcement.

4. When imposing a monetary fine on a violator without confiscating the means of transportation, the authorized authority may temporarily detain the vehicle registration certificate, driver's license, or other necessary documents related to the means of transportation, or temporarily detain the means of transportation until all persons involved in the violation have completed the enforcement of the penalty decision.

The temporary detention of the means of transportation to ensure the enforcement of the penalty decision must be recorded in the penalty decision and a temporary detention record must be established for the person operating the means of transportation and the owner of the means of transportation, with the reasons for the detention clearly stated. The duration of the temporary detention shall be applied until the violator completes the enforcement of the penalty decision. Immediately after the violator completes the enforcement of the penalty decision, the authorized authority shall return the means of transportation to the violator.

Article 45. Compulsory Enforcement of Administrative Offense Penalty Decisions

1. If the person being penalized does not voluntarily comply with the administrative offense penalty decision within the time limit specified in Clause 2, Article 44 of this Decree, compulsory enforcement shall be carried out.

2. The compulsory enforcement of administrative offense penalty decisions shall be implemented in accordance with the provisions of Clauses 27 and 28, Article 1 of the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Handling Administrative Violations, and Decision No. 37/2005/NĐ-CP dated March 18, 2005 of the Government stipulating the procedures for applying coercive measures to enforce administrative offense penalty decisions.

Article 46. Transfer of Violation Case Files with Criminal Indicators for Criminal Prosecution

1. When examining a violation case to decide on administrative sanctions, if it is found that the violation has criminal indicators, the competent authority must initiate a criminal case or immediately transfer the case file to the competent criminal prosecution agency.

It is strictly prohibited to retain cases of violations indicating criminal offenses for administrative penalties.

2. For cases where an administrative sanction decision has been issued, if it is later discovered that the violation has criminal indicators before the statute of limitations for criminal prosecution has expired, the person who issued the administrative sanction decision must revoke that decision and within three days from the date of revoking the administrative sanction decision, transfer the case file to the competent criminal prosecution agency.

3. The criminal prosecution agency shall not refuse to accept case files in the cases stipulated in Clause 1 and 2 of this Article. If there is sufficient evidence that the violation does not meet the elements constituting a crime, the criminal prosecution agency must complete all procedures as prescribed in Article 63 of the Administrative Violations Handling Ordinance and other relevant laws, and return the case file to the competent authority for administrative sanction.

Article 47. Forms Used in Administrative Sanctions

1. This Decree promulgates a system of forms to be used in administrative sanctions in the field of forest management, forest protection, and forestry product management (Annex attached).

2. The Minister of Agriculture and Rural Development shall organize printing, distribution, management, and uniform guidance on the use of forms for administrative sanctions in the field of forest management, forest protection, and forestry product management.

Chapter 6.

COMPLAINTS, REPORTS, AND HANDLING OF VIOLATIONS

Article 48. Complaints and Reports

Complaints and appeals, and their resolution, shall be carried out in accordance with the provisions of the law on complaints and appeals.

Article 49. Handling Violations by Competent Authorities for Administrative Sanctions

A competent authority for administrative sanctions who harasses, exceeds the time limit for sanctions, imposes sanctions incorrectly, shields violators, imposes sanctions beyond their authority, misappropriates or improperly uses money, contraband, or means of violation, intentionally obstructs the production and circulation of forestry products, shall be subject to disciplinary action or criminal prosecution depending on the nature and severity of the violation; if material damage is caused, compensation must be provided according to the law.

Chapter 7.

IMPLEMENTING PROVISIONS

Article 50. Effective Date and Application Principles

1. Effective date

This Decree takes effect from January 1, 2010, and replaces Government Decree No. 159/2007/NĐ-CP dated October 30, 2007, on administrative sanctions in the field of forest management, forest protection, and forestry product management.

2. Principles of application

a) Acts of administrative violations in the field of forest management, forest protection, and forestry product management discovered and recorded in a report before the effective date of this Decree but not yet sanctioned, if the penalty amount under this Decree is lower than that specified in Government Decree No. 159/2007/NĐ-CP dated October 30, 2007, on administrative sanctions in the field of forest management, forest protection, and forestry product management, shall be sanctioned according to this Decree; if the penalty amount under this Decree is higher, the provisions of Government Decree No. 159/2007/NĐ-CP shall apply for sanctioning.

b) Acts of violations occurring before the effective date of this Decree but discovered and recorded in a report after its effective date shall be sanctioned according to the provisions of this Decree.

c) Acts of violations for which there is an effective sanction decision but have not been executed or not fully executed shall continue to be enforced according to that sanction decision.

Article 51. The Minister of Agriculture and Rural Development is responsible for organizing, directing, and implementing this Decree. In the course of implementation, if there are difficulties, guidance shall be provided to ensure consistent implementation in accordance with the law.

Article 52. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the central government are responsible for implementing this Decree.