Nghị định 40/2015/ND-CP

DECREE

PROVIDING AMENDMENTS TO A NUMBER OF ARTICLES OF THE DECREE No. 157/2013/NĐ-CP DATED NOVEMBER 11, 2013 BY THE GOVERNMENT ON PENALTIES FOR ADMINISTRATIVE VIOLATIONS to the AGAINST THE 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,

The Government promulgates the Decree providing amendments to a number of articles of the Decree No. 157/2013/NĐ-CP dated November 11, 2013 by the Government on penalties for administrative violations pertaining to forest management, development, protection and forest product management.

Article 1. Amendments to a number of articles of the Decree No. 157/2013/NĐ-CP dated November 11, 2013 by the Government on penalties for administrative violations pertaining to forest management, development, protection and forest product management

1. Article 1 is amended as follows:

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

This Decree is not applicable to forest animals/plants included in the List of species being precious and endangered subject to prioritized protection according to Government’s regulations.”

2. Clause 2 of Article 3 is amended as follows:

“2. Forest products are products of plants and animals, 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. Clause 9 is added to Article 3, specifically as follows:

“9. Forest environmental service mentioned in Article 9a of this Decree includes:

a) Land protection, erosion reduction and sedimentation of lakes, rivers and streams;

b) Regulation and maintenance the source of water for production and social life;

c) Forest carbon absorption and retention, reduction of greenhouse gas emissions by preventive measures for forest degradation, forest area decrease and sustainable development;

d) Protection of natural landscape and biodiversity conservation of eco-systems for tourism services;

dd) Provision of spawning grounds, sources of feed and natural seeds, use of water from forests for aquaculture.”

4. Clauses 4, 5, 6 and 7 are added to Article 4, specifically as follows:

“4. Sign the contract on payment for forest environmental service.

5.  Enumerate the charges for forest environmental service.

6. Pay sufficiently the payment for forest environmental service and the interest due to the late payment (if any) in proportion to the amount and duration of the lateness.

7. Pay sufficiently the charge for forest environmental service to the entities in charge of forest protection according to the signed contract.”

5. Clause 1 of Article 7 is amended as follows:

“1. The fines prescribed in Chapter II of this Article are incurred by individuals (except for the violations specified in Clause 4 Article 9a of this Decree); the fines incurred by organizations are twice the fines incurred by the individuals having similar violations.

6. Point d is added to Clause 10 of Article 22, specifically as follows:

“d) Products of forest animals not belonging to group IB, derivatives and parts thereof that value exceeding VND 100,000,000.”

7. Point d is added to Clause 10 of Article 23, specifically as follows:

“d) Products of forest animals not belonging to group IB, derivatives and parts thereof that value exceeding VND 100,000,000.”

8. Article 9a is added to the Decree as follows:  

“Article 9a. Violations against regulations on payment for forest environmental service

1. Any entities that uses forest environmental service without contract on payment for 3 months shall incur the penalties below:

a) Fines of from VND 500,000 to VND 1,000,000 shall be imposed on entities not signing the contract with the owner of forest used for forest environmental service provision, applicable to direct payment;

b) Fines of from VND 10,000,000 to VND 20,000,000 shall be imposed on entities not signing the contract with the forest protection and development funds of provinces, applicable to indirect payment;

c) Fines of from VND 40,000,000 to VND 50,000,000 shall be imposed on entities not signing the contract with the forest protection and development funds of Vietnam, applicable to indirect payment;

d) Remedial measures

The entities that commit the violations specified in points a, b and c of this Clause shall be compelled to take the remedial measures prescribed in Clause 4 Article 4 of this Decree for 01 month from the day on which the decision on penalty is received.

2. Any entities that uses forest environmental service without declaration on payment for forest environmental service, applicable to indirect payment, shall incur the following penalties:

a) Fines of from VND 200,000 to VND 500,000, applicable to the payment up to VND 50,000,000;

a) Fines of from VND 500,000 to VND 1,000,000, applicable to the payment of from over VND 50,000,000 to VND 200,000,000;

c) Fines of from VND 1,000,000 to VND 3,000,000, applicable to the payment of from over VND 200,000,000 to VND 300,000,000;

d) Fines of from VND 3,000,000 to VND 5,000,000, applicable to the payment of from over VND 300,000,000 to VND 500,000,000;

dd) Fines of from VND 5,000,000 to VND 10,000,000, applicable to the payment of over VND 500,000,000;

e) Remedial measures

The entities that commit the violations specified in points a, b, c, d and dd of this Clause shall be compelled to take the remedial measures prescribed in Clause 5 Article 4 of this Decree for 15 days from the day on which the decision on penalty is received.

3. Any forest environmental service user who fails to pay or pays insufficiently the charge for the service shall incur the following penalties:

a) Fines of from VND 500,000 to VND 1,000,000, applicable to the insufficient payment for more than 03 months exceeding the time limit specified in the contract with the amount of VND 20,000,000;

b) Fines of from VND 1,000,000 to VND 3,000,000, applicable to the insufficient payment for more than 03 months exceeding the time limit specified in the contract with the amount of from over VND 20,000,000 to VND 30,000,000;

c) Fines of from VND 3,000,000 to VND 5,000,000, applicable to the insufficient payment for more than 03 months exceeding the time limit specified in the contract with the amount of from over VND 30,000,000 to VND 50,000,000;

d) Fines of from VND 3,000,000 to VND 5,000,000, applicable to the insufficient payment for more than 03 months exceeding the time limit specified in the contract with the amount of from over VND 30,000,000 to VND 50,000,000;

dd) Fines of from VND 10,000,000 to VND 20,000,000, applicable to the insufficient payment for more than 03 months exceeding the time limit specified in the contract with the amount of from over VND 100,000,000 to VND 200,000,000;

e) Fines of from VND 20,000,000 to VND 30,000,000, applicable to the insufficient payment for more than 03 months exceeding the time limit specified in the contract with the amount of from over VND 200,000,000 to VND 500,000,000;

g) Fines of from VND 30,000,000 to VND 50,000,000, applicable to the insufficient payment for more than 03 months exceeding the time limit specified in the contract with the amount of over VND 500,000,000;

h) Remedial measures

The entities that commit the violations specified in points a, b, c, d, dd and e of this Clause shall be compelled to take the remedial measures prescribed in Clause 6 Article 4 of this Decree for 01 month from the day on which the decision on penalty is received.

Interest is determined on the basis of according to the amount and duration of late payment according to the standard interest rates promulgated by the State Bank of Vietnam most nearly to the time the decision on penalties for administrative violations is issued.

4. Any entities allocated forest by the State that fails to pay or pays insufficiently or punctually the money collected from forest environmental service to the entities in charge of forest protection according to the contract shall incur the following penalties:

a) Fines of from VND 200,000 to VND 500,000, applicable to the payment up to VND 5,000,000;

b) Fines of from VND 1,000,000 to VND 3,000,000, applicable to the payment of from over VND 5,000,000 to VND 20,000,000;

c) Fines of from VND 3,000,000 to VND 5,000,000, applicable to the payment of from over VND 20,000,000 to VND 50,000,000;

d) Fines of from VND 5,000,000 to VND 10,000,000, applicable to the payment of over VND 500,000,000;

dd) Remedial measures

The entities that commit the violations specified in points a, b, c and d of this Clause shall be compelled to take the remedial measures prescribed in Clause 7 Article 4 of this Decree for 01 month from the day on which the decision on penalty is received.

9. Clause 2 Article 7; Clauses 5 and 6 of Article 24 are annulled.

Article 2. Effect

This Decree comes into effect from June 20, 2015.

Article 3. Responsibilities

1. The Minister of Agriculture and Rural development are responsible for the implementation of this Decree.

2. The Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, the Presidents of the People’s Committees of provinces are responsible for implementing this Decree./.