Nghị định 157/2013/ND-CP

DECREE

ON PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON FOREST MANAGEMENT, DEVELOPMENT, PROTECTION AND FOREST PRODUCT MANAGEMENT

Pursuant to the Law on Government organization dated December 25, 2001

Pursuant to the Law on Forest protection and development dated December 03, 2004;

Pursuant to the Law on Actions against administrative violations dated June 20, 2012

At the request of the Minister of Agriculture and Rural development;

Government promulgates Decree on Penalties for Administrative violations against regulations on forest management, development, protection and forest product management,

Chapter I.

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree deals with the violations, administrative penalties, fines, and remedial measures, the persons entitled to make violation records, impose penalties and the penalties they can impose upon administrative violations against the regulations on forest management, development, protection and forest product management.

Article 2. Entities that incur administrative penalties

This Decree applies to organization and individual committing violations against the regulations on forest management, development, protection and forest product management.

Article 3. Interpretation of terms

These terms below shall be construed as follows:

1. Forest ranger is an official of forest management and is on the payroll of forest ranger force.

2. Forest products are the products of plants, animals and microorganisms, derivatives and parts thereof that grow in the forest (including both indigenous and alien aquatic animals allowed by competent authorities to be growth at the ponds, lakes, rivers or streams in the forest).

3. Log includes crude wood, round logs, peeled logs having diameter of the smaller head from 10 cm to < 20 cm, and the length is ≥ 1 m, or having diameter of the smaller head≥ 20 cm and the length is ≥ 30 cm. Particularly for planted forest, indigo forest, arenga forest or mangrove forest, timber is called log when its smaller head is ≥ 6 cm in diameter and is ≥ 1 m in length. Timber which is endangered or precious is called log regardless of sizes.

4. Firewood is harvested from forest trees which is smaller than log defined in Clause 3 of this Article and their wastage after processing.

5. Group IA, IIA forest plants; group IB, IIB forest animals are the precious and endangered species of plants or animals according to Government’s regulations.

6. Exhibits, vehicles of violation include:

a) Forest products which are illegally harvested, traded, stored, or processed.

b) Instruments used for the commitment of administrative violations.

c) Vehicles include: road motor vehicles, motorcycles, bicycles, non-motorized vehicle, draft animals, ships, canoes, boats and other vehicles used for the illegal transport of forest products.

7. Vehicle appropriated by violator means a vehicle that is stolen, robbed, extorted or blatantly appropriated and its owner have no ability to stop or when the owners’ right of possession, management and use is illegally taken.

8. A vehicle is said to be illegally used by the violators when:

a) The lawful owner of the vehicle lends, rents it out or hires a person to operate the vehicle for proper purposes, but the borrower, the renter or the hired person use the transports on their own initiative for committing administrative violations.

b) People who are lawful owner or manager of the vehicle request their employees to operate the vehicle for legal business operation but the employees use it to commit administrative violations.

The rental and lending of the vehicle and the hiring of vehicle operator must be made into a written agreement between the lawful owner and the renter, the borrower as prescribed in the regulations before the commitment of the violations. The agreement must include the purposes and the uses of the vehicle rented, borrowed or operated by the hired person. Individuals who lend, rent out or hire people to use the vehicle must have the contract approved by the People’s Committee of commune; people who illegally transport the forest products must present the contract to the competent individuals/organizations who are handling the case within 48 hours since the impoundment of the vehicle.

Article 4. Remedial measures

Apart from the measures mentioned in Point a, b, c, dd, I Clause 1 Article 28 of the Law on Actions against administrative violations, people who commits the violations mentioned in this Decree shall be compelled to take the following remedial measures:

1. Carry out reforestation or pay for the reforestation cost according to the investment in locality at the time of committing the administrative violations.

2. Return the trespassed forest areas.

3. Carry out forest soil renovation.

Article 5. Units of measurement for defining damage caused by administrative violations

1. Area of forest is expressed as/in square meter (m²)

2. The amount of timber is measured in cubic meter (m³) and determined in accordance with the regulations on management and timber marks, ranger marks of the Ministry of Agriculture and Rural development. The amount of timber must be converted into the amount of log when imposing penalties for administrative violations. The amount of lumber shall be converted into log by multiplying by 1.6.

If timber is harvested from foot or root of trees or has strange shape; timber is harvested from shade trees, twig trees, ancient tree including roots, trunks, branches, leaves and its diameter and length are unmeasurable, then such timber shall be measured in kilogram (kg) and converted into 1 m³ for every 1000 kg of timber or measured in ster and converted into 0.7 m³ for every 1 ster of timber.

3. The quantity of forest animals shall be expressed as number of animals or as kg. In case it is impossible to identify the number of animals, forest animal quantity shall be expressed as kg.

Parts and derivatives of forest animals and forest plants shall be expressed as kg or ml

4. The amount of non-timber forest product shall be expressed as kilogram (kg).

Article 6. Handling exhibits and instruments serving administrative violation:

1. Exhibits to be impounded:

a) If exhibits are fresh products, weak/injured animals other than IB animals, plants other than IA plants, then the persons entitled to impose the penalty (hereinafter referred to as competent penalty imposer) shall make a violation record and get the exhibit sold immediately according to market prices at that time. Collected money is kept in the impoundment account at the State Treasuries of the office or unit where the competent penalty imposer works. If exhibits are confiscated according to the decision of competent persons, money shall be sent to the state budget after having settled relevant cost; in case the exhibits are not confiscated, money shall be sent back to the lawful owners, managers or operators.

If forest animals die or get diseases and pollute the environment and thus must be destroyed but the violators fail to voluntarily carry out the destruction or the violators are not identified, then a Destruction Board shall be founded. Members of Destruction Board are: Heads of the offices issuing the impoundment decision, the representative of the Finance office of same level, veterinary agencies. The State Bank shall pay for the destruction cost of the exhibits of administrative violations whose owners are unidentified.

b) Forest products or instruments and vehicles whose owner is unidentified as prescribed in laws shall be confiscated and expropriated.

2. Exhibits to be confiscated:

a) If exhibits are forest animals, such exhibits shall be handled in accordance with regulations issued by the Ministry of Agriculture and Rural development.

b) Confiscated exhibits other than those mentioned in Point a of this Clause shall be handled in accordance with Article 82 of the Law on Handling administrative violations.

Article 7. Rules for penalty imposition

1. The fines prescribed in Chapter II of this Article are incurred by individuals; the fines incurred by organizations are twice the fines incurred by the individuals committing the same violations.

2. These following violations (except for the raising of IB forest animals) are liable to criminal prosecution:

a) The violations causing damage exceeding the maximum damage liable to administrative penalties prescribed in Article 12, 16, 20; the violations that involve IA plants, IB animals and cause damage exceeding the maximum damage liable to administrative penalties prescribed in Article 21, 22, 23; the illegal transport of timber causes damage exceeding the maximum damage liable to administrative penalties prescribed in Article 22, 23 of this Decree.

b) Act of deforestation that damages multiple types of forests (production forests, protective forests, special-use forests with a total area of forest destroyed exceeding the maximum damage to production forests prescribed in Article 20 of this Decree, which is liable to administrative penalties, though the area of damage to each type of forest does not exceed the maximum damage liable to administrative penalties prescribed in this Decree..

c) Illegal harvest, transport and sale of both precious timber and normal timber with a total amount of IA and IIA timber or IA and normal timber or IA, IIA and normal timber exceeding the maximum amount regulated for IIA timber; IIA timber and normal timber exceeding maximum amount regulated for normal timber, though the amount of each type of timber does not exceed the maximum amount liable to administrative penalties.

d) Recommitment of the violations prescribed in Article 12, 20, 22, 23 of this Decree.

3. The administrative violations that involve forest plants and animals mentioned in Appendix I, II in the Convention on International Trade in Endangered Species (CITES) but not included in List of endangered and precious forest plants and animals according to regulations on management of endanger and precious plants and animals shall be handled as follows:

a) The violations that involve the species mentioned in Appendix I shall be dealt with as the ones that involve IA plants and IB animals.

b) The violations that involve the species mentioned in Appendix II shall be dealt with as the ones that involve IIA plants and IIB animals.

4. If a violation has been charged as a criminal case but then the proceeding was suspended and the violation was transformed into penalty of administrative violation at the request of a competent authority, then the violation shall be handled in accordance with this Decree.

5. Any administrative violation that involves various types of forest products including both normal timber and precious timber (other than those mentioned in Point c Clause 2 of this Article); normal forest animals and endangered and precious forest animals; timber and animals (not liable to criminal prosecution), thus the fine shall be determined according to types of forest products then add together to find the total amount.

6. If a forest is repurposed without permission of a competent authority, the violation shall be handled according to the regulations applied to the former purpose.

7. If the owner of a forest finds that there is a violation that involves his forest, the owner shall collect documents and exhibits then timely request the competent individuals or authorities to handle according to the regulations prescribed in this Decree.

Confiscated forest products shall be returned to the forest owner in any the following cases:

a) The forest owner catches the violator red-handed at his or her own forest area.

b) The forest owner does not catch the violator red-handed but have evidence sufficient to prove that the forest products are extracted from the forest they have planted themselves.

Chapter II.

THE VIOLATIONS, PENALTIES AND REMEDIAL MEASURES

SECTION 1. VIOLATIONS AGAINST THE REGULATIONS ON USE AND MANAGEMENT OF FOREST

Article 8. Forest trespass

People who move the forest boundary to illegally trespass the forest area belonged to other people or State shall incur the penalties below:

1. Fines of from VND 2,000,000 to VND 10,000,000 shall be imposed for the illegal trespass of:

a) Immature planted forests or contained cultivation area serving restoration forests of type 1c with the trespassed area < 20,000m².

b) Production forests with the trespassed area < 6,000 m².

c) Protective forests with the trespassed area < 5,000 m².

d) Special-use forests with the trespassed area < 4,000 m².

2. Fines of from VND 10,000,000 to VND 20,000,000 shall be imposed for the illegal trespass of:

a) Immature planted forests or contained cultivation area serving restoration forests of type 1c with the trespassed area from 20,000m² to 30,000 m².

b) Production forests with the trespassed area from 6,000 m² to 10,000 m².

c) Protective forests with the trespassed area from 5,000 m² to 7,000 m².

d) Special-use forests with the trespassed area from 4,000 m² to 5,000 m².

3. Fines of from VND 20,000,000 to VND 30,000,000 shall be imposed for the illegal trespass of:

a) Immature planted forests or contained cultivation area serving restoration forests of type 1c with trespassed area from 30,000m² to 50,000 m²

b) Production forests with the trespassed area from > 10,000 m² to 20,000 m².

c) Protective forests with the trespass area from > 7,000 m² to 15,000 m².

d) Special-use forests with the trespass area from > 5,000 m² to 10,000 m².

4. Fines of from VND 30,000,000 to VND 50,000,000 shall be imposed for the illegal trespass of:

a) Immature planted forests or contained cultivation area serving restoration forests of type 1c with trespassed area from > 50,000 m².

b) Production forests with the trespassed area from > 20,000 m².

c) Protective forest Protective forests with the trespassed area from > 15,000 m².

d) Special-use forests with the trespassed area from > 10,000 m².

5. Remedial measures:

The entities that commit the violations specified in Clause 1, 2, 3, 4 of this Article shall be compelled to take the remedial measures prescribed in Clause 2 Article 4 of this Decree.

6. The entities trespassing upon forestry land shall be dealt with according to the laws on land.

Article 9. Illegal exploitation of landscape, environment and other forestry services

Any establishment that illegally exploits landscape, environment and other forestry service shall incur the penalties below:

1. Fines of from VND 50,000 to VND 200,000 shall be imposed for illegal organizing of sightseeing tours in the forest.

2. Fines of from VND 200,000 to VND 5,000,000 shall be imposed for illegal construction of cemeteries or graves in forest.

3. Fines of from VND 5,000,000 to VND 20,000,000 shall be imposed for illegal manufacture, service and business operation in forest.

4. Remedial measures:

a) The entities that commit the violations specified in Clause 2 of this Article shall be compelled to take the remedial measures mentioned in Point b Clause 1 Article 28 of the Law on Actions against administrative violations and Clause 2 Article 4 of this Decree.

b) The entities that commit the violations specified in Clause 3 of this Article shall be compelled to take the remedial measures mentioned in Point b, c Clause 1 Article 28 of the Law on Actions against administrative violations.

Article 10. Violations against the regulations on timber harvesting design

Any entities committing the violation against regulations on timber exploitation design shall incur the penalties below:

1. The entities that commit the violations shall be liable to a fine of from VND 3,000,000 to VND 5,000,000 if:

a) The amount of timber exploited in design is different from that in reality by > 15% - 20%.

b) Timber mark is applied on subjects other than the subjects of the design.

2. The entities that commit the violations shall be liable to a fine of from VND 5,000,000 to VND 15,000,000 if

a) The area of timber harvesting in reality is different from the design.

b) The amount of timber exploited in design is different from that in reality by > 20%.

Article 11. Violations against the regulations on timber exploitation

The entities harvest timber against the established procedures and technical requirement in comparison with the design approved by competent agencies shall incur the penalties below:

1. Fines of from VND 3,000,000 to VND 5,000,000 shall be imposed for:

a) Failure to follow procedures for document and forest land according to current regulations of the Government.

b) Failure to follow or failure to follow completely the design for clearing liana before beginning cutting and cleaning and for other technical ensuring forest restoration.

2. Fines of from VND 5,000,000 to VND 15,000,000 shall be imposed for:

a) Failure to cut the twisted trees or trees having disease that have cutting marks; not gather all twigs, branches of trees and broken trees during extraction of natural forest resources according to the approved design.

b) The unconformity of the location of road for timber transport and ground of timber with the design. The establishment constructing transport road and ground for timber that cause damage to forest shall incur the penalties prescribed in Article 20 of this Decree.

3. The entities cutting timber in unconformable plot or cutting the trees which do not have cutting marks shall incur the penalties prescribed in Article 12 of this Decree.

4. Additional penalties:

The timber harvesting shall be suspended for 6 to 12 months if any of the violations mentioned in Clause 1 and Clause 2 of this Article is committed.

Article 12. Illegal extraction of forest resources

Entities who extract forest resources without approval of competent State agencies; entities have gained the approval but the exploitation is unconformable with the regulations shall incur the penalties below:

1. Illegal harvesting of production forest

a) With regard to timber other than endangered or precious timber:

- Fines of from VND 600,000 to VND 1,000,000 shall be imposed if the amount of timber illegally harvested is< 0.3 m³.

- Fines of from VND 1,000,000 to VND 7,000,000 shall be imposed if the amount of timber illegally harvested is 0.3 m³ to 0.5 m ³ .

- Fines of from VND 7,000,000 to VND 10,000,000 shall be imposed if the amount of timber illegally harvested is 0.5 m³ to 1.5 m³ .

- Fines of from VND 10,000,000 to VND 15,000,000 shall be imposed if the amount of timber illegally harvested is > 1.5 m³ to 2 m³ .

- Fines of from VND 15,000,000 to VND 20,000,000 shall be imposed if the amount of timber illegally harvested is> 2 m³ to 4 m³ .

- Fines of from VND 20,000,000 to VND 30,000,000 shall be imposed if the amount of timber illegally harvested is > 4 m³ to 6 m³ .

- Fines of from VND 30,000,000 to VND 50,000,000 shall be imposed if the amount of timber illegally harvested is > 6 m³ to 10 m³ .

- Fines of from VND 50,000,000 to VND 100,000,000 shall be imposed if the amount of timber illegally harvested is > 10 m³ to 20 m³ .

b) With regard to IIA timber 0}

- Fines of from VND 1,000,000 to VND 5,000,000 shall be imposed if the amount of timber illegally harvested is < 0.3 m³ .

- Fines of from VND 5,000,000 to VND 7,000,000 shall be imposed if the amount of timber illegally harvested is 0.3 m³ to 0.5 m³ .

- Fines of from VND 7,000,000 to VND 10,000,000 shall be imposed if the amount of timber illegally harvested is > 0.5 m³ to 0.7 m³ .

- Fines of from VND 10,000,000 to VND 20,000,000 shall be imposed if the amount of timber illegally harvested is > 0.7 m³ to 1.5 m³ .

- Fines of from VND 20,000,000 to VND 30,000,000 shall be imposed if the amount of timber illegally harvested is > 1.5 m³ to 2 m³ .

- Fines of from VND 30,000,000 to VND 50,000,000 shall be imposed if the amount of timber illegally harvested is > 2 m³ to 3 m³ .

- Fines of from VND 50,000,000 to VND 100,000,000 shall be imposed if the amount of timber illegally harvested is > 3 m³ to 7 m³ .

- Fines of from VND 100,000,000 to VND 200,000,000 shall be imposed if the amount of timber illegally harvested is > 7 m³ to 12.5 m³ .

c) With regard to IA timber

- Fines of from VND 20,000,000 to VND 30,000,000 shall be imposed if the amount of timber illegally harvested is < 0.5 m³ .

- Fines of from VND 30,000,000 to VND 40,000,000 shall be imposed if the amount of timber illegally harvested is 0.5 m³ to 0.7 m³ .

- Fines of from VND 40,000,000 to VND 50,000,000 shall be imposed if the amount of timber illegally harvested is > 0.7 m³ to 1 m³ .

- Fines of from VND 50,000,000 to VND 100,000,000 shall be imposed if the amount of timber illegally harvested is > 1 m³ to 1.5 m³ .

- Fines of from VND 100,000,000 to VND 200,000,000 shall be imposed if the amount of timber illegally harvested is > 1.5 m³ to 2 m³ .

2. Illegal harvesting of protective forest

a) With regard to timber other than endangered and precious timber:

- Fines of from VND 500,000 to VND 4,000,000 shall be imposed if the amount of timber illegally harvested is < 0.5 m³ .

- Fines of from VND 4,000,000 to VND 8,000,000 shall be imposed if the amount of timber illegally harvested is 0.5 m³ to 1 m³ .

- Fines of from VND 8,000,000 to VND 10,000,000 shall be imposed if the amount of timber illegally harvested is > 1 m³ to 1.5 m³ .

- Fines of from VND 10,000,000 to VND 20,000,000 shall be imposed if the amount of timber illegally harvested is > 1.5 m³ to 3 m³ .

- Fines of from VND 20,000,000 to VND 30,000,000 shall be imposed if the amount of timber illegally harvested is > 3 m³ to 5 m³ .

- Fines of from VND 30,000,000 to VND 50,000,000 shall be imposed if the amount of timber illegally harvested is > 5 m³ to 8 m³ .

- Fines of from VND 50,000,000 to VND 100,000,000 shall be imposed if the amount of timber illegally harvested is > 8 m³ to 15 m³ .

b) With regard to IIA timber

- Fines of from VND 1,000,000 to VND 5,000,000 shall be imposed if the amount of timber illegally harvested is < 0.3 m³ .

- Fines of from VND 5,000,000 to VND 7,000,000 shall be imposed if the amount of timber illegally harvested is 0.3 m³ to 0.5 m³ .

- Fines of from VND 7,000,000 to VND 10,000,000 shall be imposed if the amount of timber illegally harvested is > 0.5 m³ to 0.7 m³ .

- Fines of from VND 10,000,000 to VND 20,000,000 shall be imposed if the amount of timber illegally harvested is > 0.7 m³ to 1 m³ .

- Fines of from VND 20,000,000 to VND 30,000,000 shall be imposed if the amount of timber illegally harvested is > 1 m³ to 1.5 m³ .

- Fines of from VND 30,000,000 to VND 50,000,000 shall be imposed if the amount of timber illegally harvested is > 1.5 m³ to 2.5 m³ .

- Fines of from VND 50,000,000 to VND 100,000,000 shall be imposed if the amount of timber illegally harvested is > 2.5 m³ to 5 m³ .

- Fines of from VND 100,000,000 to VND 200,000,000 shall be imposed if the amount of timber illegally harvested is > 5 m³ to 10 m³ .

c) With regard to IA timber

- Fines of from VND 30,000,000 to VND 50,000,000 shall be imposed if the amount of timber illegally harvested is < 0.5 m³ .

- Fines of from VND 50,000,000 to VND 70,000,000 shall be imposed if the amount of timber illegally harvested is 0.5 m³ to 0.7 m³ .

- Fines of from VND 70,000,000 to VND 100,000,000 shall be imposed if the amount of timber illegally harvested is > 0.7 m³ to 1 m³ .

- Fines of from VND 100,000,000 to VND 200,000,000 shall be imposed if the amount of timber illegally harvested is > 1 m³ to 1.5 m³ .

3. Illegal exploitation of special-use forest

a) With regard to timber other than endangered and precious timber

- Fines of from VND 1,000,000 to VND 5,000,000 shall be imposed if the amount of timber illegally harvested is < 0.5 m³ .

- Fines of from VND 5,000,000 to VND 8,000,000 shall be imposed if the amount of timber illegally harvested is 0.5 m³ to 0.7 m³ .

- Fines of from VND 8,000,000 to VND 12,000,000 shall be imposed if the amount of timber illegally harvested is > 0.7 m³ to 1 m³ .

- Fines of from VND 12,000,000 to VND 20,000,000 shall be imposed if the amount of timber illegally harvested is > 1 m³ to 2 m³ .

- Fines of from VND 20,000,000 to VND 30,000,000 shall be imposed if the amount of timber illegally harvested is > 2 m³ to 3 m³ .

- Fines of from VND 30,000,000 to VND 50,000,000 shall be imposed if the amount of timber illegally harvested is > 3 m³ to 5 m³ .

- Fines of from VND 50,000,000 to VND 100,000,000 shall be imposed if the amount of timber illegally harvested is > 5 m³ to 10 m³ .

b) People With regard to IIA timber

- Fines of from VND 2,000,000 to VND 8,000,000 shall be imposed if the amount of timber illegally harvested is < 0.3 m³ .

- Fines of from VND 8,000,000 to VND 10,000,000 shall be imposed if the amount of timber illegally harvested is 0.3 m³ to 0.5 m³ .

- Fines of from VND 10,000,000 to VND 20,000,000 shall be imposed if the amount of timber illegally harvested is > 0.5 m³ to 0.7 m³ .

- Fines of from VND 20,000,000 to VND 30,000,000 shall be imposed if the amount of timber illegally harvested is > 0.7 m³ to 1 m³ .

- Fines of from VND 30,000,000 to VND 50,000,000 shall be imposed if the amount of timber illegally harvested is > 1 m³ to 1.5 m³ .

- Fines of from VND 50,000,000 to VND 100,000,000 shall be imposed if the amount of timber illegally harvested is > 1.5 m³ to 2.5 m³ .

- Fines of from VND 100,000,000 to VND 200,000,000 shall be imposed if the amount of timber illegally harvested is > 2.5 m³ to 5 m³ .

c) With regard to IA timber

- Fines of from VND 50,000,000 to VND 70,000,000 shall be imposed if the amount of timber illegally harvested is < 0.5 m³ .

- Fines of from VND 70,000,000 to VND 100,000,000 shall be imposed if the amount of timber illegally harvested is 0.5 m³ to 0.7 m³ .

- Fines of from VND 100,000,000 to VND 200,000,000 shall be imposed if the amount of timber illegally harvested is > 0.7 m³ to 1 m³ .

4. With regard to forest plants, derivatives and parts thereof; charcoal, coal:

a) Fines of from VND 100,000 to VND 3,000,000 shall be imposed if the damage to forest resources is assessed at < VND 2,000,000.

b) Fines of from VND 3,000,000 to VND 5,000,000 shall be imposed if the damage to forest resources is assessed at VND 2,000,000 to VND 3,000,000.

c) Fines of from VND 5,000,000 to VND 10,000,000 shall be imposed if the damage to forest resources is assessed at > VND 3,000,000 to VND 6,000,000.

d) Fines of from VND 10,000,000 to VND 20,000,000 shall be imposed if the damage to forest resources is assessed at > VND 6,000,000 to VND 12,000,000.

dd) Fines of from VND 20,000,000 to VND 30,000,000 shall be imposed if the damage to forest resources is assessed at > VND 12,000,000 to VND 18,000,000.

e) Fines of from VND 30,000,000 to VND 50,000,000 shall be imposed if the damage to forest resources is assessed at > VND 18,000,000 to VND 30,000,000.

g) Fines of from VND 50,000,000 to VND 75,000,000 shall be imposed if the damage to forest resources is assessed at > VND 30,000,000 to VND 45,000,000.

h) Fines of from VND 75,000,000 to VND 100,000,000 shall be imposed if the damage to forest resources is assessed at > VND 45,000,000.

5. If the amount of young trees cut is unidentifiable, the violator shall be fined according to the destroyed area as prescribed in Article 20 of this Decree. In case such trees are dispersive and the destroyed area is unidentifiable, the violator shall be fined VND 50,000 for each tree.

6. The exploitation of the leftover timbers on fields in highland, the dispersive planted trees; the exploit-all of timber on agriculture land; the illegal gather of timber from waters shall incur the penalties prescribed in Clause 1 of this Article.

7. Additional penalties:

One of following additional penalties shall be imposed:

a) The exhibits shall be confiscated if any of the violations mentioned in Clause 1, 2, 3, 4, 5, 6 of this Article is committed.

b) The non-motorized vehicles, primitive tools and petrol sawing machines used for violations mentioned in Clause 1, 2, 3, 4, 5, 6 of this Article shall be confiscated.

c) Motor vehicles/ power tools shall be confiscated if it is used to: Illegally harvest > 6 m³ of timber defined in Point a Clause 1 or > 5 m³ of timber defined in Point a Clause 2 or > 3 m³ of timber defined in Point a Clause 3 of this Article; illegally harvest > 2 m³ of timber defined in Point b Clause 1 or > 1.5 m³ of timber defined in Point b Clause 2 or > 1 m³ of timber defined in Point b Clause 3 of this Article; illegally harvest ≥ 0.7 m³ of timber defined in Point c Clause 1 or > 0.5 m³ of timber defined in Point c Clause 2 or > 0.3 m³ of timber defined in Point c Clause 3 of this Article;

d) The forest exploitation permit shall be suspended for 06 - 12 months if an organization/individual’s failure to adhere to the permit causes damage when:

Illegally harvest > 6 m³ of timber defined in Point a Clause 1 or > 5 m³ of timber defined in Point a Clause 2 or > 3 m³ of timber defined in Point a Clause 3 of this Article; illegally harvest > 2 m³ of timber defined in Point b Clause 1 or > 1.5 m³ of timber defined in Point b Clause 2 or > 1 m³ of timber defined in Point b Clause 3 of this Article; illegally harvest ≥ 0.5 m³ of timber defined in Point c Clause 1 or ≥ 0.3 m³ of timber defined in Point c Clause 2 or ≥ 0.1 m³ of timber defined in Point c Clause 3 of this Article; illegal harvest timber in multiple forests (production forest, protective forest, special-use forest) that cause damage to one or multiple types of timber (regardless of whether the timber is endangered and precious or not) although the amount of each type of timber being harvested illegally in one or multiple forests or the amount of multiple types of timber in one forest does not reach the amount to have the forest extraction permit deprived but the total amount of timber illegally harvested is:≥ 5 m³ of timber which is other than endangered or precious timber; ≥ 3 m³ of IIA timber; ≥ 0.5 m³ of IA timber or the total amount of timber harvest in each type of forest is: ≥ 3 m³ of timber other than endangered and precious timber, and IIB timber; ≥ 1.5 m³ of timber other than endangered and precious timber and IA timber; ≥ 1.5 m³ of timber other than endangered or precious timber, IIA timber and IA timber; ≥ 0.1 m³ of IIA timber and IA timber.

8. Remedial measures

a) The entities that commit the violations specified in Clause 1, 2, 3, 4, 5 of this Article shall be compelled to apply the remedial measures prescribed in Point i Clause 1 Article 28 of the Law on Actions against administrative violations and Clause 1 Article 4 of this Decree.

b) The entities that commit the violations specified in Clause 6 of this Article shall be compelled to apply the remedial measures prescribed in Point i Clause 1 Article 28 of the Law on Actions against administrative violations.

SECTION 2. VIOLATIONS AGAINST THE REGULATIONS ON FOREST DEVELOPMENT AND PROTECTION

Article 13. Violations against the regulations on planting forests replacing the forests having been repurposed

Any person who commits the violation against the regulations on planting forest replacing the forest area permitted by the State to be repurposed shall incur the penalties below:

1. Fines of from VND 10,000,000 to VND 20,000,000 shall be imposed for delaying the forest planting for 01 year with an area of from 01 hectare to 05 hectares .

2. Fines of from VND 20,000,000 to VND 50,000,000 shall be imposed for:

a) Delaying the forest planting for more than 01 year with an area of > 05 hectares to 10 hectares .

b) Delaying the forest planting for more than 02 year for 01 hectare to 05 hectares in area.

c) Failure to carry out soil renovation on schedule to replant < 01 hectare of forest after the mineral extraction.

3. Fines of from VND 50,000,000 to VND 100,000,000 shall be imposed for:

a) Delaying the forest planting for more than 01 year for > 10 hectares to 20 hectares in area.

b) Delaying the forest planting for more than 02 years for > 05 hectares to 10 hectares in area.

c) Delaying the forest planting for more than 03 years for > 01 hectare to 05 hectares in area.

d) Failure to carry out soil renovation on schedule to replant < 01 hectare to 05 hectares in area after the mineral extraction.

4. Fines of from VND 100,000,000 to VND 200,000,000 shall be imposed for:

a) Delaying the forest planting for more than 01 year for > 20 hectares to 30 hectares in area.

b) Delaying the forest planting for more than 02 years for > 10 hectares to 20 hectares in area.

c) Delaying the forest planting for more than 03 years for > 05 hectares to 10 hectares in area.

d) Failure to carry out soil renovation on schedule to replant < 05 hectares to 10 hectares of area after the mineral extraction.

5. Fines of from VND 200,000,000 to VND 300,000,000 shall be imposed for:

a) Delaying the forest planting for more than 01 year for > 30 hectares to 40 hectares in area.

b) Delaying the forest planting for more than 02 years for > 20 hectares to 30 hectares in area.

c) Delaying the forest planting for more than 03 years for > 10 hectares to 20 hectares in area.

d) Failure to carry out soil renovation on schedule to replant < 10 hectares to 20 hectares of area after the mineral extraction.

6. Fines of from VND 300,000,000 to VND 400,000,000 shall be imposed for:

a) Delaying the forest planting for more than 01 year for > 40 hectares to 50 hectares in area.

b) Delaying the forest planting for more than 02 years for > 30 hectares to 40 hectares in area.

c) Delaying the forest planting for more than 03 years for > 20 hectares to 30 hectares in area.

d) Failure to carry out soil renovation on schedule to replant < 20 hectares to 30 hectares of area after the mineral extraction.

7. Fines of from VND 400,000,000 to VND 500,000,000 shall be imposed for:

a) Delaying the forest planting for more than 01 year for > 50 hectares in area.

b) Delaying the forest planting for more than 02 years for > 40 hectares in area.

c) Delaying the forest planting for more than 03 years for > 30 hectares in area.

d) Failure to carry out soil renovation on schedule to replant > 30 hectares of area after the mineral extraction.

8. Remedial measures

The entities committing the administrative violations specified in Clause 1, 2, 3, 4, 5, 6, 7 of this Article shall be compelled to apply the remedial measures prescribed in Clause 1, 3 Article 4 of this Decree.

Article 14. VIOLATIONS AGAINST REGULATIONS ON FOREST PLANTING

People who receive or lease land wholly from state capital for planting forest but do not plant forest as prescribed in regulations shall incur the penalties below:

1. Fines of from VND 2,000,000 to VND 5,000,000 shall be imposed for:

a) Carrying out afforestation without a design in 0.5 hectares to 02 hectares.

b) Carrying out afforestation in contravention of the approved design in 01 hectare to 05 hectares.

c) Failure to comply with or incompletely comply with the technical procedures of planting and taking care of planted forest in 01 hectare to 10 hectares.

2. Fines of from VND 5,000,000 to VND 10,000,000 shall be imposed for:

a) Carrying out afforestation without a design in 02 hectares to 05 hectares.

b) Carrying out afforestation in contravention of the approved design in 05 hectares to 10 hectares.

c) Failure to comply with or incompletely comply with the technical procedures of planting and taking care of planted forest in 10 hectares to 20 hectares.

3. Fines of from VND 10,000,000 to VND 20,000,000 shall be imposed for:

a) Carrying out afforestation without a design in 05 hectares to 10 hectares.

b) Carrying out afforestation in contravention of the approved design in 10 hectares to 20 hectares.

c) Failure to comply with or incompletely comply with the technical procedures of planting and taking care of planted forest in 20 hectares to 50 hectares.

4. Fines of from VND 20,000,000 to VND 50,000,000 shall be imposed for:

a) Carrying out afforestation without a design with an area of from 10 hectares to 20 hectares.

b) Carrying out afforestation in contravention of the approved design in > 20 hectares.

c) Failure to comply with or incompletely comply with the technical procedures of planting and taking care of planted forest in > 50 hectares.

5. Fines of from VND 50,000,000 to VND 100,000,000 shall be imposed for Carrying out afforestation without a design in > 20 hectares.

6. Remedial measures

The entities committing the administrative violations specified in Clause 1, 2, 3, 4, 5 of this Article shall be compelled to apply the remedial measures prescribed in Clause 1 Article 4 of this Decree.

Article 15. Violations against regulations on forest protection

People who commit the violation against regulations on forest protection shall incur the penalties below:

1. Warnings or fines of from VND 500,000 to VND 1,000,000 shall be imposed for:

a) Bringing handy or mechanical tools into forest to hunt forest animals.

b) Bringing draft animals and primitive tools into the forest to illegally extract and/or process mineral and/or forest resources.

c) Illegal raising, grazing, or releasing foreign animals and plants into the special-use forest.

2. Warnings or fines of from VND 1,000,000 to VND 2,000,000 shall be imposed for:

a) Organizing illegal scientific research or sight-seeing tours in the special-use forest; illegal collecting sample in the forest.

b) Illegal bringing the motor vehicles and/or power tools into the forest.

c) Illegal making of business advertisement for forest plants and animals.

d) Hunting animals during breeding season.

dd) Using hunting tools or methods that are forbidden.

e) Hunting forest animals in no-hunting areas.

3. Fines of from VND 2,000,000 to VND 3,000,000 shall be imposed for:

a) Burning or using fire against regulation of State in the strict protection area of special-use forest.

b) Burning or using fire in the forests susceptible to fire, or on very dry vegetations during dry seasons.

c) Burning or using fire near the timber depot or timberyard when there is fire danger of level III to V.

d) Burning or using fire to hunt forest animal, to gather honey or to collect the waste of war.

dd) Burning illegally fields in forest or at the forest edge.

e) Failure to ensure the rules of wildfire prevention and fighting when receiving permission for using fire or heat source, the instruments of burning, heating, store and use of inflammable thing in forest and at the forest edge.

4. Fines of from VND 3,000,000 to VND 5,000,000 shall be imposed for the forest owner who receives or leases forest and:

a) Fails to have plan for fire prevention and fighting and wildfire prevention and fighting works; does not perform or perform incorrectly the plan of forest fire prevention and fighting approved by competent authority.

b) Let the water provision for fire prevention out in the dry season.

c) Fail to patrol or look after the forest to avoid burning of the natural forest or planted forest they own.

5. Additional penalties:

a) The exhibits, handy tools and petrol sawing machines in the administrative violation prescribed in Clause 1 of this Article shall be confiscated.

b) The instruments using for hunting forest animals that are forbidden as prescribed in Clause 1 of this Article shall be confiscated.

6. Remedial measures

The entities committing the violations specified in Clause 1 of this Article shall be compelled to apply the remedial measures prescribed in Point c Clause 1 Article 28 of the Law on Actions against administrative violations.

7. Any person who violates against the regulations of this Article and causes damage to forest or forest products shall be fined as prescribed in Article 12, 16, 20, 21 or 22 of this Decree.

Article 16. Violations against regulations on forest fire prevention and fighting and lead to wildfire

Any person whose violation against the regulations on forest fire prevention and fighting leads to wildfire shall incur the penalties below:

1. Warnings or fines of from VND 200,000 to VND 1,000,000 shall be imposed for the violations leading to:

a) The fire of planting forest or cultivation serving restoration forest type 1c in the area of < 1,000 m²

b) The fire of production forest in the area of < 500 m²

c) The fire of protective forest in the area of < 300 m^2.

d) The fire of special-use forest in the area of < 200 m².

2. Fines of from VND 1,000,000 to VND 3,000,000 shall be imposed for:

a) The fire of planting forest or cultivation serving restoration forest type 1c in the area of 1,000 m² to 2,000 m².

b) The fire of production forest in the area of 500 m² to 1,000 m².

c) The fire of protective forest in the area of 300 m² to 500 m².

d) The fire of special-use forest in the area of 200 m² to 300 m².

3. Fines of from VND 3,000,000 to VND 5,000,000 shall be imposed for the violations leading to:

a) The fire of planting forest or cultivation serving restoration forest type 1c in the area of > 2,000 m² to 5,000 m².

b) The fire of production forest in the area of 1,000 m² to 2,000 m².

c) The fire of protective forest in the area of 500 m² to 1,500 m².

d) The fire of special-use forest in the area of 300 m² to 1,000 m².

4. Fines of from VND 5,000,000 to VND 10,000,000 shall be imposed for the violations leading to:

a) The fire of planting forest or cultivation serving restoration forest type 1c in the area of > 5,000 m² to 10,000 m².

b) The fire of production forest in the area of 2,000 m² to 3,000 m².

c) The fire of protective forest in the area of 1,500 m² to 2,500 m².

d) The fire of special-use forest in the area of 1,000 m² to 2,000 m².

5. Fines of from VND 10,000,000 to VND 20,000,000 shall be imposed for the violations leading to:

a) The fire of planting forest or cultivation serving restoration forest type 1c in the area of > 10,000 m² to 20,000 m².

b) The fire of production forest in the area of 3,000 m² to 5,000 m².

c) The fire of protective forest in the area of 2,500 m² to 4,000 m².

d) The fire of special-use forest in the area of 2,000 m² to 3,000 m².

6. Fines of from VND 20,000,000 to VND 30,000,000 shall be imposed for the violations leading to:

a) The fire of planting forest or cultivation serving restoration forest type 1c in the area of > 20,000 m² to 30,000 m².

b) The fire of production forest in the area of 5,000 m² to 6,000 m².

c) The fire of protective forest in the area of 4,000 m² to 5,000 m².

d) The fire of special-use forest in the area of 3,000 m² to 4,000 m².

7. Fines of from VND 30,000,000 to VND 50,000,000 shall be imposed for the violations leading to:

a) The fire of planting forest or cultivation serving restoration forest type 1c in the area of > 30,000 m² to 50,000 m².

b) The fire of production forest in the area of 6,000 m² to 10,000 m².

c) The fire of protective forest in the area of 5,000 m² to 7,500 m².

d) The fire of special-use forest in the area of 4,000 m² to 5,000 m².

8. Remedial measures

a) The entities committing the violations specified in Clause 1, 2, 3, 4, 5, 6, 7 of this Article shall be compelled to apply the remedial measures prescribed in Point c Clause 1 Article 28 of the Law on Actions against administrative violations.

9. People who cause the fire of forest or burn the forest on purpose for any reason shall be fined as prescribed in Article 20 of this Article.

Article 17. Grazing cattle in forbidden forests

People who graze cattle in forbidden forests shall incur the penalties below:

1. Warnings or fines of from VND 100,000 to VND 1,000,000 shall be imposed for the grazing of animal in the strict protection area of special-use forest:

2. Fines of from VND 1,000,000 to VND 3,000,000 shall be imposed for the grazing in the forest planting sapling or 4-5 years planted forest, cultivation serving restoration forest where grazing is forbidden.

3. Remedial measures:

The entities committing the administrative violations specified in Clause 1, 2 of this Article shall be compelled to apply the remedial measures prescribed in Clause 1 Article 4 of this Decree.

Article 18. Violations against the regulations on the prevention of forest pests:

1. Fines of from VND 2,000,000 to VND 10,000,000 shall be imposed for the forest owner purposefully deny to carry out measures of preventing creature damage forest as prescribed in laws.

2. Fines of from VND 10,000,000 to VND 20,000,000 shall be imposed for the use of pesticide forbidden by the laws:

3. Additional penalties:

Pesticide forbidden by the laws which is used for the violations prescribed in Clause 2 of this Article shall be confiscated.

4. Remedial measures

The entities committing the violations specified in Clause 1, 2 of this Article shall be compelled to apply the remedial measures prescribed in Point c Clause 1 Article 28 of the Law on Actions against administrative violations.

Article 19. Destruction of the works serving the forest protection and development

People who cause damage to the works for the protection and development of forests, such as the station, fire watch tower, signal, protecting forest panel; fence, forest boundary; tank, water reservoir for wildfire fighting; vehicle, tool used for the protection and development of forests; cause change or damage to these works shall be liable to:

1. Warnings or fines of from VND 100,000 to VND 300,000 shall be imposed for: writing, drawing onto the signs, forest protection propagation boards; erasing the information or pictures on the signs, forest protection propagation boards.

2. Fines of from VND 300,000 to VND 3,000,000 shall be imposed for removal of forest protection signs:

3. Fines of from VND 5,000,000 to VND 10,000,000 shall be imposed for:

a) Destroying the forestry roads.

b) Obstructing the patrolling serving forest protection and poacher arrest.

c) Destroying the fire obstacles.

d) Destroying forest perimeter fences, landmarks.

4. Fines of from VND 10,000,000 to VND 20,000,000 shall be imposed for destroying propaganda boards of forest protection, sentry boxes, working places, and other vehicles, instruments and properties used for forest protection.

5. Remedial measures

The entities committing the violations specified in Clause 1, 2, 3, 4 of this Article shall be compelled to apply the remedial measures prescribed in Point a Clause 1 Article 28 of the Law on Actions against administrative violations.

Article 20. Illegal forest destruction

People who damage forest trees; excavate, flatten, blast, impound water, discharge toxins or any other acts that cause damage to forests for any purpose (except for the acts mentioned in Article 12 of this Decree) without permission by the competent authorities; people permitted to repurpose forests that fail to adhere to regulations shall incur the penalties below:

1. Fines of from VND 300,000 to VND 5,000,000 shall be imposed for illegal destruction of:

a) Immature planted forests or cultivation serving restoration forest type 1c in an area of < 1,500 m²

b) Production forest with the area of < 800 m².

c) Protective forest with the area of < 500 m².

d) Special-use forest with the area of < 200 m².

2. Fines of from VND 5,000,000 to VND 10,000,000 shall be imposed for the illegal destruction of:

a) Planting forest or contained cultivation area serving restoration forests of type 1c in the area of 1,500 m² to 5,000 m².

b) Production forest in the area of 800 m² to 1,000 m².

c) Protective forest in the area of 500 m² to 800 m².

d) Special-use forest in the area of 200 m² to 300 m².

3. Fines of from VND 10,000,000 to VND 20,000,000 shall be imposed for the illegal destruction of:

a) Immature planted forests or contained cultivation area serving restoration forest of type 1c in the area of 5,000 m² to 10,000 m².

b) Production forest in the area of 1,000 m² to 2,000 m².

c) Protective forest in the area of 800 m² to 1,500 m².

d) Special-use forest in the area of 300 m² to 500 m².

4. Fines of from VND 20,000,000 to VND 30,000,000 shall be imposed for the illegal destruction of:

a) Immature planted forests or contained cultivation area serving restoration forest of type 1c in the area of 10,000 m² to 20,000 m².

b) Production forest in the area of 2,000 m² to 3,000 m².

c) Protective forest in the area of 1,500 m² to 2,000 m².

d) Special-use forest in the area of 500 m² to 700 m².

5. Fines of from VND 30,000,000 to VND 50,000,000 shall be imposed for the illegal destruction of:

a) Immature planted forests or contained cultivation area serving restoration forest of type 1c in the area of 20,000 m² to 30,000 m².

b) Production forest in the area of 3,000 m² to 5,000 m².

c) Protective forest in the area of 2.000 m² to 3,000 m².

d) Special-use forest in the area of 700 m² to 1.000 m².

6. Additional penalties:

The exhibits, instruments, and vehicles used for the administrative violation prescribed in Clause 1, 2, 3, 4, 5 of this Article shall be confiscated.

7. Remedial measures

The entities committing the violations specified in Clause 1, 2, 3, 4, 5 of this Article shall be compelled to apply the remedial measures prescribed in Point b, c, i Article 28 of the Law on Actions against administrative violations and Clause 1 Article 4 of this Article.

SECTION 3. VIOLATIONS AGAINST THE REGULATIONS ON FOREST PRODUCT MANAGEMENT

Article 21. Violations against the regulations on forest animal management and protection

People who illegally hunt, trap or catch; illegally keep or extract derivatives of forest animals; illegally kill forest animals (other than cases prescribed in Point a Clause 2 Article 7 of this Article) shall incur the penalties below:

1. Fines of from VND 500,000 to VND 10,000,000 shall be imposed for the violations that involve:

a) Products or derivatives of forest animals other than endangered and precious species that are assessed at < VND 7,000,000.

b) Products or derivatives of IIB forest animals that are assessed at < VND 4,000,000.

2. Fines of from VND 10,000,000 to VND 20,000,000 shall be imposed for the violations that involve:

a) Products or derivatives of forest animals other than endangered and precious species that are assessed at VND 7,000,000 to VND 13,000,000

b) Products or derivatives of IIB forest animals that are assessed at VND 4,000,000 to VND 8,000,000.

3. Fines of from VND 20,000,000 to VND 30,000,000 shall be imposed for the violations that involve:

a) Products or derivatives of forest animals other than endangered and precious species that are assessed at VND > 13,000,000 to VND 20,000,000

b) Products or derivatives of IIB forest animals that are assessed at > VND 8,000,000 to VND 12,000,000.

c) Products or derivatives of IB forest animals that are assessed at < VND 10,000,000.

4. Fines of from VND 30,000,000 to VND 50,000,000 shall be imposed for the violations that involve:

a) Products or derivatives of forest animals other than endangered and precious species that are assessed at > VND 20,000,000 to VND 35,000,000

b) Products or derivatives of IIB forest animals that are assessed at > VND 12,000,000 to VND 20,000,000.

c) Products or derivatives of IB forest animals that are assessed at VND 10,000,000 to VND 20,000,000.

d) Illegal raising 01 individual of IB forest animals.

5. Fines of from VND 50,000,000 to VND 100,000,000 shall be imposed for the violations that involve:

a) Products or derivatives of forest animals other than endangered and precious species that are assessed at > VND 35,000,000 to VND 65,000,000

b) Products or derivatives of IIB forest animals that are assessed at > VND 20,000,000 to VND 40,000,000.

c) Products or derivatives of IB forest animals that are assessed at VND > 20,000,000 to VND 30,000,000.

d) Illegal raising 02 individuals of IB forest animals.

6. Fines of from VND 100,000,000 to VND 200,000,000 shall be imposed for the violations that involve:

a) Products or derivatives of forest animals other than endangered and precious species that are assessed at > VND 65,000,000 to VND 135,000,000

b) Products or derivatives of IIB forest animals that are assessed at > VND 40,000,000 to VND 80,000,000.

c) Products or derivatives of IB forest animals that are assessed at VND > 30,000,000 to VND 50,000,000.

d) Illegal raising 03 to 04 individuals of IB forest animals.

7. Fines of from VND 200,000,000 to VND 300,000,000 shall be imposed for the violations that involve:

a) Products or derivatives of forest animals other than endangered and precious species that are assessed at > VND 135,000,000 to VND 200,000,000

b) Products or derivatives of IIB forest animals that are assessed at > VND 80,000,000 to VND 120,000,000.

c) Products or derivatives of IB forest animals that are assessed at VND > 50,000,000 to VND 80,000,000.

d) Illegal raising 05 to 06 individuals of IB forest animals.

8. Fines of from VND 300,000,000 to VND 400,000,000 shall be imposed for the violations that involve:

a) Products or derivatives of forest animals other than endangered and precious species that are assessed at > VND 200,000,000 to VND 270,000,000

b) Products or derivatives of IIB forest animals that are assessed at > VND 120,000,000 to VND 160,000,000.

c) Products or derivatives of IB forest animals that are assessed at VND > 80,000,000 to VND 100,000,000.

d) Illegal raising 07 to 08 individuals of IB forest animals.

9. Fines of from VND 400,000,000 to VND 500,000,000 shall be imposed for the violations that involve:

a) Products or derivatives of forest animals other than endangered and precious species that are assessed at from > VND 270,000,000.

b) Products or derivatives of IIB forest animals that are assessed at from > VND 160,000,000.

d) Illegal raising 08 individuals of IB forest animals.

10. People who are allowed to raise IB animals or other types of wild animals but commit the violation against the regulations on standards of breeding facilities shall be fined from VND 20,000,000 to VND 30,000,000.

11. Additional penalties:

a) The exhibits shall be confiscated if any of the violations specified in Clause 1, 2, 3, 4, 5, 6, 7, 8, 9 of this Article is committed.

a) The exhibits, vehicles and instruments used for committing administrative violations specified in Clause 4, 5, 6, 7, 8, 9 of this Article shall be confiscated.

a) The permit of shotgun use and the certificate on raising forest animals used in the violations specified in Clause 4, 5, 6, 7, 8, 9 of this Article shall be suspended for 06 to 12 months.

12. Remedial measures

The entities committing the violations specified in Clause 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 of this Article shall be compelled to apply the remedial measures prescribed in Point c, dd Clause 1 Article 28 of the Law on Actions against administrative violations.

Article 22. Illegal transport of forest product

People who transport forest products (from the time gathering forest products for loading onto transport or loaded onto transport vehicles) without legal documents or with legal documents but not corresponding to forest products being transported in reality; people who transport timber without mark prescribed in laws shall incur the penalties below:

1. Fines of from VND 1,000,000 to VND 5,000,000 shall be imposed for the illegal transport of :

a) Products or derivatives of forest animals other than endangered and precious species that are assessed at < VND 5,000,000.

b) Products or derivatives of IIB forest animals that are assessed at < VND 3,000,000.

c) < 1 m³ of timber other than endangered or precious timber.

d) < 0.7 m³ of IIA timber.

dd) Products or derivatives of forest plants (except for timber) that are assessed at < VND 7,000,000.

e) The products illegally made from timber and value < VND 10,000,000.

2. Fines of from VND 5,000,000 to VND 10,000,000 shall be imposed for the illegal transport of :

a) Products or derivatives of forest animals other than endangered and precious species that are assessed at VND 5,000,000 to VND 10,000,000

b) Products or derivatives of IIB forest animals that are assessed at VND 3,000,000 to VND 5,000,000.

c) 1 m³ to 1.5 m³ of timber other than endangered or precious species.

d) 0.7 m³ to 1 m³ of IIA timber.

dd) Products or derivatives of forest plants (except for timber) that are assessed at VND 7,000,000 to VND 10,000,000.

e) The products illegally made from timber and value VND 10,000,000 to VND 20,000,000.

3. Fines of from VND 10,000,000 to VND 20,000,000 shall be imposed for the illegal transport of :

a) Products or derivatives of forest animals other than endangered and precious species that are assessed at > VND 10,000,000 to VND 13,000,000

b) Products or derivatives of IIB forest animals that are assessed at > VND 5,000,000 to VND 7,000,000.

c) Products or derivatives of IB forest animals that are assessed at < VND 7,000,000.

d) > 1.5 m³ to 3 m³ of timber other than endangered or precious species.

dd) > 1 m³ to 1.5 m³ of IIA timber.

e) < 0.3 m³ of IA timber.

g) Products or derivatives of forest plants (except for timber) that are assessed at VND 10,000,000 to VND 20,000,000.

h) The products illegally made from timber and value VND 20,000,000 to VND 30,000,000.

4. Fines of from VND 20,000,000 to VND 30,000,000 shall be imposed for the illegal transport of:

a) Products or derivatives of forest animals other than endangered and precious species that are assessed at > VND 13,000,000 to VND 20,000,000

b) Products or derivatives of IIB forest animals that are assessed at > VND 7,000,000 to VND 12,000,000.

c) Products or derivatives of IB forest animals that are assessed at VND 7,000,000 to VND 10,000,000.

d) > 3 m³ to 6 m³ of timber other than endangered or precious species.

dd) > 1.5 m³ to 2 m³ of IIA timber.

e) 0.3 m³ to 0.5 m³ of IA timber.

g) Products or derivatives of forest plants (except for timber) that are assessed at VND 20,000,000 to VND 30,000,000.

h) The products illegally made from timber and value VND 30,000,000 to VND 50,000,000.

5. Fines of from VND 30,000,000 to VND 50,000,000 shall be imposed for the illegal transport of :

a) Products or derivatives of forest animals other than endangered and precious species that are assessed at > VND 20,000,000 to VND 35,000,000

b) Products or derivatives of IIB forest animals that are assessed at > VND 12,000,000 to VND 20,000,000.

c) Products or derivatives of IB forest animals that are assessed at > VND 10,000,000 to VND 15,000,000.

d) > 6 m³ to 10 m³ of timber other than endangered or precious species.

dd) > 2 m³ to 3 m³ of IIA timber.

e) > 0.5 m³ to 0.7 m³ of IA timber.

g) Products or derivatives of forest plants (except for timber) that are assessed at > VND 30,000,000 to VND 50,000,000.

h) The products illegally made from timber and value VND 50,000,000 to VND 70,000,000.

6. Fines of from VND 50,000,000 to VND 100,000,000 shall be imposed for the illegal transport of :

a) Products or derivatives of forest animals other than endangered and precious species that are assessed at > VND 35,000,000 to VND 70,000,000.

b) Products or derivatives of IIB forest animals that are assessed at > VND 20,000,000 to VND 40,000,000.

c) Products or derivatives of IB forest animals that are assessed at > VND 15,000,000 to VND 30,000,000.

d) > 10 m³ to 20 m³ of timber other than endangered or precious species.

dd) > 3 m³ to 7 m³ of IIA timber.

e) > 0.7 m³ to 1 m³ of IA timber.

g) Products or derivatives of forest plants (except for timber) that are assessed at > VND 50,000,000 to VND 100,000,000.

h) The products illegally made from timber and value VND 70,000,000 to VND 100,000,000.

7. Fines of from VND 100,000,000 to VND 200,000,000 shall be imposed for the illegal transport of :

a) Products or derivatives of forest animals other than endangered and precious species that are assessed at > VND 70,000,000 to VND 135,000,000.

b) Products or derivatives of IIB forest animals that are assessed at > VND 40,000,000 to VND 80,000,000.

c) Products or derivatives of IB forest animals that are assessed at > VND 30,000,000 to VND 50,000,000.

d) > 7 m³ to 10 m³ of IIA timber.

dd) > 1 m³ to 1.5 m³ of IA timber.

e) Products or derivatives of forest plants (except for timber) that are assessed at > VND 100,000,000 to VND 200,000,000.

g) The products illegally made from timber and value VND 100,000,000 to VND 200,000,000.

8. Fines of from VND 200,000,000 to VND 300,000,000 shall be imposed for the illegal transport of:

a) Products or derivatives of forest animals other than endangered and precious species that are assessed at > VND 135,000,000 to VND 200,000,000.

b) Products or derivatives of IIB forest animals that are assessed at > VND 80,000,000 to VND 120,000,000.

c) Products or derivatives of IB forest animals that are assessed at > VND 50,000,000 to VND 80,000,000.

d) The products illegally made from timber and value VND 200,000,000 to VND 300,000,000.

dd) Products or derivatives from forest plants (except for timber) that are assessed at > VND 200,000,000.

9. Fines of from VND 300,000,000 to VND 400,000,000 shall be imposed for the illegal transport of:

a) Products or derivatives of forest animals other than endangered and precious species that are assessed at > VND 200,000,000 to VND 270,000,000.

b) Products or derivatives of IIB forest animals that are assessed at > VND 120,000,000 to VND 160,000,000.

c) Products or derivatives of IB forest animals that are assessed at > VND 80,000,000 to VND 100,000,000.

d) The products illegally made from timber and value VND 300,000,000 to VND 400,000,000.

10. Fines of from VND 400,000,000 to VND 500,000,000 shall be imposed for the illegal transport of:

a) Products or derivatives of forest animals other than endangered and precious species that are assessed at from > VND 270,000,000.

b) Products or derivatives of IIB forest animals that are assessed at from > VND 160,000,000.

g) The products illegally derived from timber and value > VND 400,000,000.

11. Additional penalties:

a) The exhibits from administrative violations specified in Clause 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 of this Article ((unless the timber has lawful documents and origins but the amount of timber cut exceeding the acceptable variation determined by the Ministry of Agriculture and Rural development) shall be confiscated.

b) The facilities used in the administrative violations specified in Clause 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 of this Article (except for the ones prescribed in Clause 7, 8 Article 3 of this Decree) shall be confiscated in one of the following cases:

- Systematic violations

- Repetition of a violation.

- Use of vehicles having hidden containers, unregistered modified vehicles which must be registered with competent agencies according to regulations, or vehicles having fake license numbers.

- Transport of > 1.5 m³ of timber which is not endangered and precious; > 0.5 m³ of timber which is endangered and precious.

- Transport of forest plants which are endangered and precious and their derivatives (except for timber) with value of ≥ VND 10,000,000; forest animal which are endangered and precious and their derivatives with value of ≥ VND 5,000,000; species which are endangered and precious and their derivatives with value of ≥ VND 3,000,000.

Transport of multiple types of timber (which are not endangered or precious) or forest product other than endangered and precious species, no matter how much the value of each type is, as long as the total amount of timber illegally transported is ≥ 1.5 m³ or the total value of the forest product other than timber illegally transported is ≥ VND 15,000,000.

12. Remedial measures

a) The violations specified in Point a, b of Clause 1, 2, 10; Point a, b, c of Clause 3, 4, 5, 6, 7, 8, 9 of this Article shall be compelled to apply the remedial measures prescribed in Point c, dd Clause 1 Article 28 of the Law on Actions against administrative violations.

b) The violations specified in Clause 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 of this Article shall be compelled to apply the remedial measures prescribed in Point i Clause 1 Article 28 of the Law on Actions against administrative violations.

13. The transport of forest products which has lawful origins but the documents of which are not conformable with the regulations of laws shall be fined as prescribed in Article 24 of this Decree.

Any entity that transports natural charcoal and coal derived from natural forests shall be fined as prescribed in Clause 4 Article 12 of this Decree.

14. The owner of forest product shall incur fines for the sale of forest product according to Article 23 of this Decree.

15. The owner of the vehicles shall incur the same fines as people who illegally transport forest products prescribed in this Article (unless the vehicles are illegally appropriated or used as prescribed in Clause 7, 8 Article 3 of this Decree).

Article 23. Trading, storing, processing forest products against the State’s regulations

People who trade, store, process and operate forest products without lawful documents or in contravention of lawful documents; people who transport timber without mark regulated in laws shall incur the penalties below:

1. Fines of from VND 1,000,000 to VND 5,000,000 shall be imposed for the violations that involve:

a) Products or derivatives of forest animals other than endangered and precious species that are assessed at < VND 5,000,000.

b) Products or derivatives of IIB forest animals that are assessed at < VND 3,000,000.

c) < 1 m³ of timber other than endangered or precious species.

d) < 0.7 m³ of IIA timber.

dd) Products or derivatives of forest plants (except for timber) that are assessed at < VND 7,000,000.

e) The products illegally made from timber and value < VND 10,000,000.

2. Fines of from VND 5,000,000 to VND 10,000,000 shall be imposed for the violations that involve:

a) Products or derivatives of forest animals other than endangered and precious species that are assessed at VND 5,000,000 to VND 10,000,000.

b) Products or derivatives of IIB forest animals that are assessed at VND 3,000,000 to VND 5,000,000.

c) 1 m³ to 1.5 m³ of timber other than endangered or precious species.

d) 0.7 m³ to 1 m³ of IIA timber.

dd) Products or derivatives of forest plants (except for timber) that are assessed at VND 7,000,000 to VND 10,000,000.

e) The products illegally made from timber and value VND 10,000,000 to VND 20,000,000.

3. Fines of from VND 10,000,000 to VND 20,000,000 shall be imposed for the violations that involve:

a) Products or derivatives of forest animals other than endangered and precious species that are assessed at > VND 10,000,000 to VND 13,000,000.

b) Products or derivatives of IIB forest animals that are assessed at > VND 5,000,000 to VND 7,000,000.

c) Products or derivatives of IB forest animals that are assessed at < VND 7,000,000.

d) > 1.5 m³ to 3 m³ of timber other than endangered or precious species.

dd) > 1 m³ to 1.5 m³ of IIA timber.

e) < 0.3 m³ of IA timber.

g) Products or derivatives of forest plants (except for timber) that are assessed at > VND 10,000,000 to VND 20,000,000.

h) The products illegally made from timber and value VND 20,000,000 to VND 30,000,000.

4. Fines of from VND 20,000,000 to VND 30,000,000 shall be imposed for the violations that involve:

a) Products or derivatives of forest animals other than endangered and precious species that are assessed at > VND 13,000,000 to VND 20,000,000.

b) Products or derivatives of IIB forest animals that are assessed at > VND 7,000,000 to VND 12,000,000.

c) Products or derivatives of IB forest animals that are assessed at VND 7,000,000 to VND 10,000,000.

d) > 3 m³ to 6 m³ of timber other than endangered or precious species.

dd) > 1.5 m³ to 2 m³ of IIA timber.

e) 0.3 m³ to 0.5 m³ of IA timber.

g) Products or derivatives of forest plants (except for timber) that are assessed at > VND 20,000,000 to VND 30,000,000.

h) The products illegally made from timber and value VND 30,000,000 to VND 50,000,000.

5. Fines of from VND 30,000,000 to VND 50,000,000 shall be imposed for the violations that involve:

a) Products or derivatives of forest animals other than endangered and precious species that are assessed at > VND 20,000,000 to VND 35,000,000.

b) Products or derivatives of IIB forest animals that are assessed at > VND 12,000,000 to VND 20,000,000.

c) Products or derivatives of IB forest animals that are assessed at > VND 10,000,000 to VND 15,000,000.

d) > 6 m³ to 10 m³ of timber other than endangered or precious species.

dd) > 2 m³ to 3 m³ of IIA timber.

e) > 0.5 m³ to 0.7 m³ of IA timber.

g) Products or derivatives of forest plants (except for timber) that are assessed at > VND 30,000,000 to VND 50,000,000.

h) The products illegally made from timber and value VND 50,000,000 to VND 70,000,000.

6. Fines of from VND 50,000,000 to VND 100,000,000 shall be imposed for the violations that involve:

a) Products or derivatives of forest animals other than endangered and precious species that are assessed at > VND 35,000,000 to VND 70,000,000.

b) Products or derivatives of IIB forest animals that are assessed at > VND 20,000,000 to VND 40,000,000.

c) Products or derivatives of forest animals other than group IB that are assessed at > VND 15,000,000 to VND 30,000,000.

d) > 10 m³ to 20 m³ of timber other than endangered or precious species.

dd) > 3 m³ to 7 m³ of IIA timber.

e) > 0.7 m³ to 1 m³ of IA timber.

g) Products or derivatives of forest plants (except for timber) that are assessed at > VND 50,000,000 to VND 100,000,000.

h) The products illegally made from timber and value VND 70,000,000 to VND 100,000,000.

7. Fines of from VND 100,000,000 to VND 200,000,000 shall be imposed for the violations that involve:

a) Products or derivatives of forest animals other than endangered and precious species that are assessed at > VND 70,000,000 to VND 135,000,000.

b) Products or derivatives of IIB forest animals that are assessed at > VND 40,000,000 to VND 80,000,000.

c) Products or derivatives of IB forest animals that are assessed at > VND 30,000,000 to VND 50,000,000.

d) > 7 m³ to 10 m³ of IIA timber.

dd) > 1 m³ to 1.5 m³ of IA timber.

e) Products or derivatives of forest plants (except for timber) that are assessed at > VND 100,000,000 to VND 200,000,000.

g) The products illegally made from timber and value VND 100,000,000 to VND 200,000,000.

8. Fines of from VND 200,000,000 to VND 300,000,000 shall be imposed for the violations that involve:

a) Products or derivatives of forest animals other than endangered and precious species that are assessed at > VND 135,000,000 to VND 200,000,000.

b) Products or derivatives of IIB forest animals that are assessed at > VND 80,000,000 to VND 120,000,000.

c) Products or derivatives of IB forest animals that are assessed at > VND 50,000,000 to VND 80,000,000.

d) The products illegally made from timber and value VND 200,000,000 to VND 300,000,000.

dd) Products or derivatives of forest plants (except for timber) that are assessed at > VND 200,000,000.

9. Fines of from VND 300,000,000 to VND 400,000,000 shall be imposed for the violations that involve:

a) Products or derivatives of forest animals other than endangered and precious species that are assessed at > VND 200,000,000 to VND 270,000,000.

b) Products or derivatives of IIB forest animals that are assessed at > VND 120,000,000 to VND 160,000,000.

c) Products or derivatives of IB forest animals that are assessed at > VND 80,000,000 to VND 100,000,000.

d) The products illegally derived from timber and value VND 300,000,000 to VND 400,000,000.

10. Fines of from VND 400,000,000 to VND 500,000,000 shall be imposed for the violations that involve:

a) Products or derivatives of forest animals other than endangered and precious species that are assessed at from > VND 270,000,000.

b) Products or derivatives of IIB forest animals that are assessed at from > VND 160,000,000.

g) The products illegally derived from timber and value > VND 400,000,000.

11. The trading, storing and processing of forest product which has lawful origin without document of the product complying with the regulations of laws shall incur the penalties prescribed in Article 24 of this Decree.

12. Additional penalties:

a) The exhibits used for the violations specified in Clause 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 of this Article shall be confiscated.

a) The license shall be suspended for 06 to 12 months with regard to the violations prescribed in Clause 5, 6, 7, 8, 9, 10of this Article. .

13. Remedial measures

a) The entities committing the violations specified in Point a, b of Clause 1, 2, 10; Point a, b, c of Clause 3, 4, 5, 6, 7, 8, 9 of this Article shall be compelled to apply the remedial measures prescribed in Point c, dd Clause 1 Article 28 of the Law on Actions against administrative violations.

b) The entities committing the violations specified in Clause 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 of this Article shall be compelled to apply the remedial measures prescribed in Point i Clause 1 Article 28 of the Law on Actions against administrative violations.

14. If people stored the timber without evidence proving their possessive towards the timber, then such timber shall be confiscated by the competent penalty imposer as prescribed in Clause 2 Article 65 of the Law on handling of administrative violations.

Article 24. Administrative violations against the regulations on forest use and management; forest product trading, transporting, processing, operating and storing

1. Warnings or fines of from VND 500,000 to VND 1,000,000 shall be imposed for:

a) The owner of forest products processing, trading, transporting, purchasing, selling and storing of forest plants and their derivatives ( except for timber), forest animals and their derivatives by breeding with lawful origin but not comply with the current laws on forest production documents and management procedures.

b) The owner of forest products processing, trading, transporting, purchasing, selling and storing of timber from planted forest and timber from owned forest, dispersive plants having lawful origin but not complying with the current laws on forest production documents and management procedures.

2. Fines of from VND 1,000,000 to VND 5,000,000 shall be imposed for:

a) The forest owner does not making document on forest use and management in accordance with laws.

b) The owner of the agency of forest processing, operating, trading does the business without recording as prescribed in laws.

c) The owner of the farm of wild animals having lawful origin but not having the business registered as prescribed in laws.

3. Fines of from VND 5,000,000 to VND 10,000,000 shall be imposed for people who trades, transports, processes, operates and stores the forest product which is legally imported but does not comply with the regulations on forest product document and management procedures.

4. Fines of from VND 10,000,000 to VND 15,000,000 shall be imposed for people who trades, transports, processes, operates and stores the timber from natural forest that has lawful origin but does not comply with the regulations on forest product document and management procedures.

5. Fines of from VND 20,000,000 to VND 30,000,000 shall be imposed for violations against regulations on forest processing conditions:

6. Additional penalties:

The entities committing the administrative violations defined in Clause 5 of this Article shall be liable to the timber processing partially suspended or have the certificate on timber process conditions revoked for 06 to 12 months.

Chapter III.

COMPETENCE FOR PENALTIES FOR ADMINISTRATIVE VIOLATIONS

Article 25. Entitlements to make records on administrative violations

1. The competent penalty imposers prescribed in this Decree.

2. Officials and civil servants being on duty of forest management, development, protection and forest product management.

3. If an entitled person working in Police, the Border guard, Market controller, Inspector makes the offence notice and finds that the administrative violations is not intra vires, then this person shall transfer the documents, exhibits, vehicles and instruments of administrative violations to the agencies competent to impose sanctions as prescribed in Article 52 of the Law on Actions against administrative violations.

Article 26. Entitlements to make imposition on administrative violations of forest management

1. Ranger on duty is entitled to impose:

a) Warnings;

b) Fines of up to VND 500,000.

2. Head of ranger station is entitled to impose:

a) Warnings;

b) Fines of up to VND 10,000,000;

c) Confiscation of the exhibits, vehicles and instruments used for committing administrative violations assessed at up to VND 10,000,000.

3. Head of Forest ranger agency of district, Head of Forest ranger agency of protective forests, Head of Forest ranger agency of specialized forests (hereinafter referred to as Head of Forest ranger agency); Captain of mobile forest Ranger and wildfire prevention and fighting entitled to impose:

a) Warnings;

b) Fines of up to VND 25,000,000;

c) Confiscation of the exhibits, vehicles and instruments for committing administrative violations value up to VND 25,000,000.

a) Adoption of the remedial measures prescribed in Point a, c, dd, i Clause 1 Article 28 of the Law on Actions against administrative violations; Clause 1, 2, Article 4 of this Decree.

4. Director of the Forest Protection Department of district, Head of special mission ranger, Forest Protection Department are entitled to impose:

a) Warnings;

b) Fines of up to VND 50,000,000;

c) Confiscation of the exhibits, vehicles and instruments for committing administrative violations value up to VND 50,000,000.

d) Revocation of the practising certificate or license in limited time(including the mineral extraction in the forestry land) as prescribed in this Decree;

a) Adoption of the remedial measures prescribed in Point a, c, dd, i Clause 1 Article 28 of the Law on Actions against administrative violations; Clause 1, 2, 3, Article 4 of this Decree.

5. Director of Forest Protection Department is entitled to impose:

a) Warnings:

b) Fines up to the maximum amount for forest management, development, protection and forest product management;

c) Confiscation of the exhibits, vehicles and instruments for committing administrative violations;

d) Revocation of the practising certificate or license (including the mineral extraction in the forestry land) as prescribed in this Decree;

dd) Application of the remedial measures prescribed in Point a, c, dd, i Clause 1 Article 28 of the Law on Actions against administrative violations; Clause 1, 2, 3, Article 4 of this Decree.

Article 27. Entitlements to make records on administrative violations of the President of People's Committees

1. Presidents of People’s Committees of communes are entitled to impose:

a) Warnings:

b) Fines up to VND 5,000,000;

c) Confiscation of the exhibits, vehicles and instruments for committing administrative violations value up to VND 5,000,000.

a) Application of the remedial measures prescribed in Point a, c, dd, i Clause 1 Article 28 of the Law on Actions against administrative violations.

2. Presidents of People’s Committees of districts are entitled to impose:

a) Warnings:

b) Fines up to VND 50,000,000;

c) Confiscation of the exhibits ,vehicles and instruments for committing administrative violations value up to VND 50,000,000.

d) Revocation of the practising certificate or license in limited time (including the mineral extraction in the forestry land) as prescribed in this Decree;

a) Appliance of the remedial measures prescribed in Point a, c, dd, i Clause 1 Article 28 of the Law on Actions against administrative violations; Clause 1, 2, 3, Article 4 of this Decree.

3. Presidents of People’s Committees of provinces are entitled to impose:

a) Warnings:

b) Fines up to the maximum amount for forest management, development, protection and forest product management;

c) Confiscation of the exhibits ,vehicles and instruments for committing administrative violations;

d) Revocation of the practising certificate or license in limited time (including the mineral extraction in the forestry land) as prescribed in this Decree;

a) Application of the remedial measures prescribed in Point a, c, dd, i Clause 1 Article 28 of the Law on Actions against administrative violations; Clause 1, 2, 3, Article 4 of this Decree.

4. Local Forest management agencies are responsible for giving advises to People’s Committee respectively in the imposition of penalties on administrative violations prescribed in this Article.

Article 28. Entitlements to make records on administrative violations of the inspector in forest management, development, protection and forest product management

1. Inspectors, people who are being on duty of inspecting are entitled to impose:

a) Warnings:

b) Fines not exceeding VND 500,000;

c) Confiscation of the exhibits ,vehicles and instruments for committing administrative violations value not exceeding VND 500,000.

d) Application of the remedial measures prescribed in Point a, c, dd, i Clause 1 Article 28 of the Law on Actions against administrative violations.

2. The Chief Inspector of the Service of Agriculture and Rural development is entitled to impose:

a) Warnings:

b) Fines up to VND 50,000,000;

c) Confiscation of the exhibits ,vehicles and instruments for committing administrative violations value not exceeding VND 50,000,000.

d) Revocation of the practising certificate or license or suspend the business in limited time as prescribed in this Decree;

dd) Application of the remedial measures prescribed in Point a, c, dd, i Clause 1 Article 28 of the Law on Actions against administrative violations; Clause 1, 2, 3, Article 4 of this Decree.

3. The Chief Inspector of the Ministry of Agriculture and Rural development, the Director of Vietnam Administration of Forestry is entitled to impose:

a) Warnings:

b) Fines up to the maximum amount for forest management, development, protection and forest product management;

c) Confiscation of the exhibits ,vehicles and instruments for committing administrative violations;

d) Revocation of the practising certificate or license or suspend the business in limited time as prescribed in this Decree;

dd) Application of the remedial measures prescribed in Point a, c, dd, i Clause 1 Article 28 of the Law on Actions against administrative violations; Clause 1, 2, 3, Article 4 of this Decree.

4. The Head Inspector of the Service of Agriculture and Rural development is entitled to impose:

a) Warnings:

b) Fines up to VND 250,000,000;

c) Confiscation of the exhibits ,vehicles and instruments for committing administrative violations value not exceeding VND 250,000,000.

d) Revocation of the practising certificate or license or suspend the business in limited time as prescribed in this Decree;

5. Head of Inspectorate of Vietnam Administration of Forestry, and services who are in charge of inspecting are entitled to impose:

a) Warnings:

b) Fines up to VND 50,000,000;

c) Confiscation of the exhibits ,vehicles and instruments for committing administrative violations value not exceeding VND 50,000,000.

d) Revocation of the practising certificate or license or suspend the business in limited time as prescribed in this Decree;

Article 29. Entitlements to make records on administrative violations of the Police, the Border guard, Market control

1. Competent penalty imposers work for People’s Police prescribed in Article 39 of the Law on Actions against administrative violations are entitled to carry out inspections, make administrative violation records, impose penalties for entities committing administrative violations and adopt the remedial measures for the administrative violations prescribed in this Decree as prescribed in Article 52 of the Law on Actions against administrative violations.

2. Competent penalty imposers work for the Border guard prescribed in Article 40 of the Law on Actions against administrative violations are entitled to carry out inspections, make administrative violation records, impose penalties for entities committing administrative violations and adopt the remedial measures for the administrative violations prescribed in this Decree as prescribed in Article 52 of the Law on Actions against administrative violations.

3. Competent penalty imposers work for the Market control prescribed in Article 45 of the Law on Actions against administrative violations are entitled to carry out the inspections, make administrative violation records, impose penalties for entities committing administrative violations and adopt the remedial measures for the administrative violations prescribed in this Decree as prescribed in Article 52 of the Law on Actions against administrative violations.

Article 30. Identification of entitlement to impose penalties for administrative violations

1. The identification of entitlement to impose penalties for administrative violations and the application of remedial measures are according to Article 52 of the Law on Actions against administrative violations.

2. If an administrative violation has exhibits including many different types of forest products, including normal timber and precious timber; forest animals and precious forest animals; timber and forest animals; then the competent authorities of the corresponding level shall gather the exhibits and identify the total number of fine.

3. The exhibits of administrative violations (including forest products group IA, IB) are valuated to form basis for identifying the fine bracket and the entitlement to impose penalties as prescribed in Article 60 of the Law on Actions against administrative violations.

4. With regard to the administrative violations causing damage to forest in multiple localities, the local authority who finds violations earliest shall take responsibility for imposing the penalties.

Chapter IV

IMPLEMENTATION

Article 31. Effect

1. This Decree takes effect on December 25, 2013

2. This Decree replaces Decree 99/2009/NĐ-CP dated November 02, 2009 by the Government on penalties for administrative violations in forest management, protection and forest production management.

Article 32. Transitional provision

With regard to administrative violations against the regulations on forest management, development, protection and forest production management that are committed before the this Circular takes effect and discovered afterwards, the regulations that are more favorable to the offenders shall be applied.

Article 33. Effect

1. The Minister of Agriculture and Rural development is responsible for providing guidance on the implementation of this Decree.

2. The Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, the President of the People’s Committee of provinces are responsible for the implementation of this Decree./.