Decree No. 159/2007/ND-CP on sanctioning of administrative violations in the domain of forest management, forest protection and forest product management

Issue nos 11·12/0ctober2007 (Gong Baa nos766-767/November 9, 2007) OFFICIAL GAZETTE 17 THE GOVERNMENT DECREENo. 15912OO7/ND·CPOFOCTOBERJO, 2007, ON SANCTIONING ADMINISTRATIVE VIOLATIONS IN THE DOMAIN OF FOREST MANAGEMENT, FOREST PROTECTION AND FOREST PRODUCT MANAGEMENT THE GOVERNMENT Pursuant to the December 25, 2001 Law on Organization ofthe Government; Pursuant to theDecember3,2004 Law on Forest Protection andDevelopment; Pursuant toJuly2, 2002 Ordinance No. 44120021 PL-UBTVQHIO on the Handling ofAdministrative Violations; At theproposal oftheMinister ofAgriculture and RuralDevelopment, DECREES: ChapterI GENERAL PROVISIONS Article 1.- Scope of regulation and subjects of application I. Scope of regulation This Decree provides for the sanctioning of administrative violations in the domain of forest management, forest protection and forest product management in the territory of the Socialist Republic of Vietnam. This Decree does not apply to timber and other forest products lawfully imported into Vietnam (including lawfully imported timber lots with volume or quantitative differences upon measurement or counting). Importing timber in violation of current state regulations and abusing import dossiers to illegally exploit,trade, transportor storedomesticnatural forest timher shall he sanctioned nnder the provisions of this Decree. 2. Subjects of application This Decree provides for administrative sanctions against domestic and foreign individuals and organizations (helow collectively referred to as violators) for their intentional or unintentional acts in violationof state regulationson forest management, forest protection and forest product management, regardless of causing damage to forests, forest products or forest environment or not, which are not so severe enough to be examined for penal liabillty, In case an international agreement to which the Socialist Republic of Vietnam is a contracting party contains different provisions, the provisions of the international treaty will be applied. Article2.- Terms used in the Decree I. Forest product is a product exploited from a forest plant, animal or organism or its parts, Timber mentioned in this Decree includes log, sawn timber and square-edged cut timber 2. Endangered, precious and rare forest plants of groups IA and IIA; and endangered, precions andrare forest animals of groups IE and llB are endangered, precious and rare forest plant and animal species stipulated by the Government. 3. Material evidences and means in administrative violations include: aI Material evidences that are forest products infringed upon by violators. hi Means that are articles, tools and vehicles used by violators for committing acts of administrative violation. Vehicles used for illegal transportation of forest products may include road motor vehicles, motorcycles, bicycles, rudimentary vehicles and © VIETNAM LAW & LEGAL FORUM 18 OFFICIAL GAZETTE Issue nos11-12/0ctober 2007 (C6ng Baa nos 766-767/November 9,2007) animal carts; vessels, motor boats, rafts, boats and othel crafts usedin waterway traffic. 4.Means illegally appropriated byadministrative violators are means of lawful owners which the violators have stolen, robbed, taken byforce, openly appropriated from their lawful owners whoareunable to stop the open appropriation or committed other illegal acts to deprive lawful owners of therights to possession, management anduseof these means. 5. Material evidences andmeans areregarded as illegally used by violators in one of the following cases: aJ The ktwful ownerof a means leases or lends it to another person or organization or hires another person tooperate themeans forlawful usepurposes, buttheperson whois leased orlentorhired tooperate themeanshasuseditofhis/her ownchoice to illegally transport forest products. bIThe lawful ownerof a means or an individual or organization that is lawfully managing a means hired fromanother individual ororganization assigns the means tv his/her/its employee for management, operation or usefor lawful production and business purposes butsuchemployees has uses themeans of hislher awn choice to illegally transport forest products. 6. ViolJion in anorganized manner is thecasein which twtl ormore persons closely connive with each otherin intentionallv committing anactof violation. 7.Repeal;ed violation isthecaseinwhich aperson . whocommitted an actof administrative violation in the domain of forest management, forest protection andforest product management andhasnotyetbeen sanctioned continues committing acts of administrative violation in this domain when the statute of limitations for sanctioning has not yet expired. 8.Recidivism is thecasein which a person who committed an act of administrative violation in the domain of torestmanagement, forest protection and forest product management andhasbeen sanctioned for such act continues committing acts of administrative violation inthisdomain whenthetime limitpastofwhich aperson will beconsideredhaving not been administratively sanctioned has not yet expired. 9. In this Decree, a fine of VND 30,000,0000 is thehighest level ofadministrative sanction foranact of violation in the domain of forest management, forest protection and forest product management under July 2, 2002 Ordinance No. 4412002/PL UBTVQHlO on the Handling of Administrative Violations of the National Assembly Standing Committee (below referred to as the Ordinance on theHandling ofAdministrative Violations forshort). When the 2002 Ordinance on the Handling of Administrative Violations is amended or the State promulgates newrelevantregulations, thehighest fine level willnaturally comply withregulations in force. Arlicle 3.- Principles for sanctioning 1. Allacts ofadministrative violation inthedomain of forest management, forest protection and forest product management must be promptly detected and immediately stopped. Sanctioning mustbe carriedout in aquick, just andlawful manner; allconsequences caused by acts of administrative violation must be remediedbyviolators ortheirguardians inaccordance withlaw. Individuals and organizations may be administratively sanctioned in the domain of forest management, fore.t protection andforest protection management only when they commit acts of administrative violation prescribed in thisDecree. "2. Before Issuing a decision on sanctioning an administrative violation, theperson withsanctioning competence shall take intoconsideration thepersonal history of theviolator, thenature and severity of the violation as well as extenuating or aggravating circumstance. prescrihed in Articles 8 and 9 of the Ordinance on the Handling of Administrative Violations so as to decide on the sanctioning form andlevelandremedies. 3. For a person committing an administrative violation involving neither aggravating nor © VIETNAM LAW & LEGAL FORUM Issue nos 1H2/0clober 20117 (Gong 8(10 nos 766·7671November 9,2007) OFFICIAL GAZETTE 19 extenuating circumstances, the imposed fine is the average of the fine bracket prescribed for the act. If theviolation involves anextenuating circumstance(s), the finelevelmaybe reducedbut mustnot be lower than the minimum level of the fine bracket; if the viulatiun involves anaggravating circurnstancets), the fine levelmay be raised butmust notbe higherthan themaximum levelof the finebracketprescribed for suchact. 4. One act of administrative violation shall be sanctioned onlyonce. 5. A person that commits many acts of administrative violation shall be imposed sanctions foreachof theseacts,whichshallthenbeaggregated intoa general sanction. 6. If several persons jointly commit one act of administrative violation, eachshallbe sanctioned for such act. Division of the common damage to each violator for sanctioning is strictly prohibited. Many members of a household committing an administrative violation is not regarded as violation in an organized mannerand shallbe sanctioned as in the caseof single violator. 7. Persons agedbetweenfull 14 yean; and under 16 years are subject to caution for committing administrative violations in an intentional manner; thoseagedbetween full 16 yearsandunder18years aresubject to administrative sanction forcommitting any actsof administrative violation. Afine imposed onthemmustnotexceedhalfofthefine level imposed on adults; if they haveno moneyto pay a fine, their parents or guardians shallpay it on theirbehalf 8. The following acts of violation are subject to penal liability examination but not administrative sanction: a/ Acts involving material evidences that are endangered, precious and rare forest plants and animals ofgroups IAandIE onthelistofendangered, precious andrareforest plantsandanimals prescribed in theGovernment's DecreeNo.32f2006IND-CP of March 30, 2006, on management of endangered, precious and rare forest plants and animals (except for acts of raising forest animals of group IB prescribed in Clause4, Article 20 of this Decree). bf Acts causing consequences in excess of the maximum level subject to administrative sanction definedin Article 11, 12,18 or 19 of this Decree. cf Illegally transporting or trading in timber in excess of the maximum volume subject to administrative sanction defined at Pointd, Clause 1; inClause3,Article 21;andArticle 22of thisDecree. d! Infringing uponmore than one type of forest: special-use forest, protection forest and production forest, or illegally exploiting, transporting or trading in twoormoretypes oftimber, subject toanaggregate fineexceeding VND30,000,000, thoughthe area of each type of forest or the volume of each type of timherdoesnntyetexcee.d themaximum level subject to administrative sanction. eI Recidivism, for acts specified in Articles 175 and 189of the 1999PenalCode. 9. Acts of administrative violation whlth cause damage higher than the maximum level ~ubject to administrative sanction in the domain of forest management, forest protection and forest product management but are not regarded under.the Penal Code as crimesshallbe administratively sanctioned with the highest fine level in the domam of forest management, forest protection and forest product management. 10. Material evidences inadministrativeviolarions which are forest plants or animals included in Appendices I and II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) but not on the list of endangered, precious and rare forest plants and animals prescribed in theGovernment's Decree No. 3212006/ND-CP ofMarch30,2006,onmanagement of endangered, precious and rare forest plants and animals, shall bedisposed of as follows: a/ Material evidences thatarespecies inAppendix I shallbe disposed of likeendangered, preciousand rare forestplants and animals of groupsIA and ffi. bl Material evidences thatarespecies inAppendix © VIETNAM lAW 8. lEGAl ~ORUM zo OFFICIAL GAZETTE Issuenos 1H2/0etober 2007 (Gong BaD nos 766-767/November 9,2007) IT shallbe disposedof like endangered, preciousand rare forest plants and animalsof groups ITA and ITB in accordance with this Decree. II. When a criminal case was instituted against butthen terminatedand an administrative sanctionis imposed on the violator, the highest fine will be imposedfor his/her act of violation. In the above case, material evidences that are endangered, precious and rare forest plants and animalsof group IA or IE shall be disposedof like endangered, precious and rare Iores; plants and animals of groups IIA and lIB. ArtWk. 4.- Statute of limitations for sanctioning admlnistrenve violations L The statute of limitations for sanctioning administrative violations in the domain of forest management, forest protection and forest product management is one yearcountingfrom the date acts of administrative violation are committed. Past this period,viDrntors are not administratively sanctioned but are stillfun;edto lakeremedies specifiedinArticle 6 of this Decree, For acts of illegally storing forest products, the statuteof limitations for sanctioning is countedfrom the time they are detected. 2. For d violator against whom a criminal case had been instituted, who had been prosecuted, or againstwhoma decision tobringhis/her criminal case to trial bad been issued according to criminal procedures if a decision on terminating criminal proceedings was later issued and the dossier is transferred foradministrative sanctioning, thestatute of limitations for sanctioning the administrative violationis threemonths,counting fromthe dntethe person with sanctioning competence receives the decision on termination of the criminalcase and the dossierof the ease of violation. Article 5.- Sanctioningforms 1. A violator is subject to one of the following principal sanctioning forms: caution or fine, under the provisionsof Chapter IT of this Decree.. 2. Depending on the nature and severity of violation, violating individuals or organizations may be subject to one or more of additional sanctioning forms, suchas deprivation of the rightto usea license or practice certificate and confiscation of material evidences and means used in adminisuati ve violations. 3. Foreign violators may be expelled. Expulsion maybeapplied asaprincipal oradditional sanctioning form on a case-by-case basis. Article 6.- Remedies In addition to the sanctioningforms stipulatedin ArticleSof thisDecree, violators may alsobe subject to one or moreof the followingremedies: 1.Forcedreforestation orpaymentof reforestation expenses according to investment ratios applied in localities at the timeofcommissionof administrative violations. 2. Forced dismantlement of illegallyconstructed structures; forcedremedyof orpaymentforexpenses forremedying consequences causedby administrative violations on dug or excavated areas. 1. Forced payment of expenses for forest fire extinguishment; forced remedy of or payment of expensesfor remedyingenvironmentalpollution. 4. Forced payment of expenses for rescue or destruction of wounded or killed wild animals, expensesforreleasingwildanimalsinto theirnatural habitats. 5. Forced transportation of passengers to coach stations or payment of expenses for such transportation, in case of using vehicles carrying passengers for illegallytransportingforest products. Article 7.- Identification of forest and forest productdamage 1. Units of calculation used for damage identification aJ Squaremeter (m') for forest area. bl Cubicmeter (rn') for timber volumeconverted into log. Sawn timber and square-edgedcut timber © VIETNAM LAW & LEGAL FORUM Issue nos 11·12fOctober 2007 (Gong Bao nos 766-767lNovember 9,2007) OFFICIAL GAZETTE Z1 areconverted into log by multiplying by 1.6. c/ For stumps, roots andtimber of unusual shape (excluding post-processing scraps) of endangered, precious and rare species which cannot be measured andcalculated incubic meter, they shall bedetermined in weight, with 1,000 kg equivalent to I cubicmeter of log; if they are not of endangered, precious and rare species. their weight shall be calculated in the unitstereas fuelwood. d/ Stere, for fuelwood. eIVietnamese currency, withdong asthemonetary unit,for otherforest products. 2. Methods of damageidentification aI Identification of damaged farest areas on the field. bl Identification of theactual volume ofdamaged timberorfuelwood according tocurrent regulations. el The value of damaged forest products or the valueofmeansusedinadministrative violations shall bedetermined according tomarket prices at the time of occurrence of administrative violations. Chapter II ACTS OFADMINISTRATIVE VIOLATION, SANCTIONING FORMS AND LEVELS Article 8.- Violations of the State's general regulations on forest protection Those who commit acts of violating the State's general regulations on forest protection shall be sanctioned as folluws: . 1. A fine of between VND 100,000 and VND 1,000,000 shallbe imposed for one of thefollowing acts of violation; aI Taking pulling animals and manual tools into forests for illegally hunting birds and animals or exploiting forest products; bl Illegally raising, planting and releasing alien animal andplantspecies intonational parksornature reserves. cl Taking inflammables or explosives into or building fires in forests where smoking andthrowing ordischarging ofglowing ashes intoforests arebanned. 2. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed for one of thefollowing actsof violation: aIOrganizing illegal scientific researches inspecial useforests; illegally collecting specimens in forests. bl Illegally taking mechanical equipment andtools into forests for exploiting and processing forest products. c/ Advertising illegal trade in wild forest plants and animals andtheirparts. 3. Those whocommit actsof violation specified in this Article, causing damage to forests or forest products, shallbe sanctioned underArticte 18or 19 of thisDecree. Arttcte 9.- Violations of regulations on timber exploitation designs Those who violate regulations on timber exploitation designs shall be sanctioned a~ follows; 1. A fine of between VND 1,000,000 and VND 3,OOO,OUU shall be imposed on violators in oneof the following cases: aI Total volume of timber actually legged from designed andmarked-far-cutting trees in a forest lot is higherby between more than 15% and 20% than the volume indicated in the loggingdesigndossiers. bIAppending lo-be-cut treemarks onirriproperlrees or on trees in areas in violation of logging designs. 2. A fine of between VND 4,000,000 and VND 10,000,000 shallbe imposed onviolators committing the following actsof violation: aIConducting fielddesigning in wronglocations compared with those already identified on the map or with wrong logging areasof more than 15%. bI Total volume of timber actually logged from designed and marked-for-cutting trees in a forest lot ishigher bymarethan20%thanthevolume indicated in its logging design dossier. © VIETNAM LAW & LEGAL FORUM 22 OFFICIAL GAZETTE I••ueno. 11-12/0otober 2007 (C6ng Baa nos 766-767/November 9,2007) Article 10.- Violations of regulations on timber logging These violations are acts of logging timber not according to the designed order, procedures and technical requirements. Violators of regulations on timber logging shall be sanctioned as follows: 1.A fine of betweenVND 2,000,000 and VND 3,000,000 shall be imposed on those who commit one of the.following actsof violation: aJ Failing to carry out procedures for delivering andreceiving loggingdossiers andsitesaccording to current f"!\lliations of the State. hi Failing to clear up creepers before logging; failing to clean forests afterlogging, failing to mend stumps of cut trees capable of regenerating shoots, leavingstumps higher than the level prescribed for natural forests according to the selective loeeine method. 2. A fine of betweenVND 4,000,000 and VND 6,OOU,000 shall be imposed on those who commit one of the following acts: aI Failing to cut all twisted and diseased trees already markedfor cutting. 0/ Opening paths and creating timber yards at wrong locations compared with the design. In case of causingdamageto forests or forestproducts, this actshall be sanctioned underArticle 18ofthisDecree. 3. Those who log timber in wrong forest lots comparedwiththedesign orcut treesnot markedfor cuttingshallbe finedunderArticle 19of thisDecree. Article11.- Violations related todeforestation for farming purposes Those who commit acts of illegal deforestation for farming purposes shall be sanctioned as follows: 1.For production forests: aJ A fine of betweenVND 1,000/m2 and VND 2,000/m2, if causing damage to up to 7,000 m'. blA fine of between VND l,5oo/m2 and VND 2,5OO/m2, if causing damage to betweenmore than 7,000m2 and 15,000rrr', 2. For protection forests: aJ A fine of between VND 1,400/m2 and VND 3,Ooo/m2, if causingdamageto up to 5,000rrr'. bl A fine of between VND 2,OOO/m2 and VND 4,000/m2, if causing damage to betweenmore than 5,000m2 and 10,000 rrr', 3. For special-use forests: aJ A fine of between VND 2,000/m2 and VND 4,OOO/m2, if causingdamageto up to 3,500 m2 bl A fine of between VND 3,000/m2 and VND 5,OOO/m2, if causingdamage to between more than 3,500nf and 7,500m'. 4. Confiscation of material evidences and means used in administrative violations specified in this Article. 5.Those who commitacts of violation specified in this Article shall also be forced to conduct reforestation or pay expenses for reforestation. Article 12.- Violations ofregulations onforestfire prevention and fighting Those who violate regulations on forest fire prevention andfighting shall besanctioned asfollows: I. A fine of between VND 200,000 and VND 2,000,000 shallbe imposedfor one of the following acts: aJ Lighting or using a fire in violation of state regulations instrictly protectedprotection forest zones or extremely importantprotection forests. b/ Lighting or using a fire in forests prone to fire or on dry vegetational cover duringthe dry season. c!Lighting or using a fireneartimberwarehouses or yards with a forest fire forecast gradefromIII to V. d/ Lighting or using a fire for hunting forest animals, felling forest trees and liehring a fir" for charcoal in forests, for honey or war scraps. ellllegally practicing slash-and-burn cultivation III or at theedge of a forest. f/Failing toensuresafetyforforestfireprevention and fighting purposes when permitted to use fire or © VIETNAM LAW & LEGAL FORUM Issuo nos 11-12/00tobor 2007 (Gong Bao nos 766-767lNovember 9,2007) OFFICIAL GAZETTE 23 heatsources, fire- or heat-generating equipment and tools or when preserving andusing inflammables in or at theedge of a forest. gIOtheractsdirectly causing risks of forest fire. 2. A fine of between VND 2,000,000 and VND 5,000,000 shall be imposed on forest owners who commitone of the following acts of violation: a/ Failing to make fire prevention and fighting plans and arrange fire prevention and fighting facilities for consolidated forests. blDraining water reserved forfire prevention and fighting during the dry season. c/ Failing to organize forest patrols andguards to prevent natural forests fromcatching fire during the dry season. 3. A fine of between VNV :l,ooo/m' and VNV 4,OOO/m2, if causing a fire to production forests that arenatural forests of upto 10,000 rrr', 4. A fine of between VND 3,000/m' and VND 5,OOO/m2, if causing a fire to protection forests of up to 7,500m'. 5. A fine of between VND 5,000/m' and VND 7,OOO/m', ifcausing a fire tospecial-use forests ofup to 5,000m2 • 6. For forest plantations at Forestplantations thatareproduction forests: Afineofbetween VND500/m'andVND 1,0001 rrr', ifcausing damage to upto40,000 rrr' with planted trees agedup to 3 years; Afineofbetween VND800/m' andVND 1,2001 m', if causing damage to up to 30,000 m' of forest plantations aged between more than 3 years and 7 years; A fine of between VND 1,000/m' and VND 2,000/m', if causing damage to up to 20,000 m' of forest plantations aged more than7 years. bl Forestplantations thatareprotection forests: Afineofbetween VNDSOO/m' andVND 1,2001 Ill', ifcausing damage tuuptu30,000 Jl12 with planted trees agedup to 3 years; A fine of between VND 1,000/m' and VND 2,OOO/m', if causing damage to up to 20,000 m' of forest plantations aged between more than 3 years and7 years; A fine of between VND 2,000/m' and VND 4,000/m', if causing damage to up to 10,000 m' of forest plantations agedmorethan7 years. c/ Forest plantations that are special-use forests: A fine of between VND I,OOO/n/ and VND 2,000/m', ifcausing damagetoup to20,000 m' with planted trees agedup to 3 years; A fine of between VND 1,600/m2 and VND 3,400/m', if causing damage to up to 12.000 m2 of forest plantations aged between more than 3 years and7 years; A fine of between VND 5,OOO/m2 and VND 7,OOO/m', if causing damage to up to 5.000 m' of forest plantations agedmorethan7 years. 7.Those whocommitactsof violations specified inthisArticle shall bealsoforced to takeeither of the following remedies: atReforesting orpaying expenses forreforestation. bl Paying forest fire extinguishment expenses. Article 13.· Grazing of cattlein forests in which cattle grazing is banned Those whograze cattle in forests in which cattle grazing is bannedshallbe sanctioned as follows: 1. Caution or a fine of between VND 5.,000 and VND100,000 shall beimposed forthefollowing acts: a/ Grazing cattle in strictly protected zones in special-use forests. bl Grazing cattlein forest plantations of saplings or trees agedunder 3 yearsor in forests zonedofffor regeneration inwhich cattle grazing isbanned (except for thecasespecified in Clause2 of thisArticle). 2. A fine of between VNn 4,OOO/tree and VNn 6,000/tree shall be imposed if cattle have caused damage tomorethan25plantedsaplings ortrees aged under 3 years, butnotexceeding VND 30,000,000. 3.Thosewhocommit actsof violation specified in thisArticle may be also forced to reforest or pay © VIETNAM LAW & LEGAL FORUM 24 OFFICIAL GAZETTE Issue nos 11-12/0ctober 2007 (Gong Bao nos 766-767/November 9,2007) expenses for reforestation. Article 14.-Violations ofregulations onforest pest prevention and control 1. Cautionor a fine of between VND 5,000and VND 500,000 shall beimposed onforest owners who fail to takeone of forest pestprevention andcontrol measures prescribed by thelaw on plantprotection. 2. A fine of between VND 1,000,000 and VND 2,000,000 shallbe imposedforusing forest pesticides notpermittedforuseinVietnam or failing toobserve quarantine regulations. 3. A fine of between more than VND 2,000,000 and VND 10,000,000 shall be imposed on forest owners with forests hit by an epidemic in 3 or more hectares due totheirfailure topromptly report toplant protection and quarantine agencies or animal quarantine agencies for pest control and disease treatment.instructions andsupport. 4. Confiscation of illegally used plantprotection drugs. 5. Those whocommit actsof violation specified inthisArticle arealsoforced toremedyconsequences orpayexpenses forremedying consequences caused by pestsordiseases. At'fIr.lll H.- Illegal encroachment or occupation of forests. Illegally encroachment oroccupation offorests is actsofdiilplacing boundary markstoillegally occupy forest areasof otherindividuals or organizations. Those whocommit actsof illegally encroaching or occupying forests shallbe sanctioned as follows: 1. A fine of between VND 1,200/m2 and VND I,800/m'forillegally encroaching oroccupying up to 5,000m2 of special-use forest or important protection forest, or up to 7,500 m2 ofproduction forest. 2. A fine of between VND 2,000/m2 and VND 4,000/m2 forillegally encroaching oroccupying more than 5,000 1112 of extremely important protection forestor special-use forest, or morethan7,500m2of production forest. 3. Those who commitactsof violation specified inClause 1or 2of thisArticle will,apartfrompaying afine, havetheillegally encroached oroccupiedforest arearecovered. Illegally encroaching oroccupying anddestroying a forest shall be sanctioned underArticle 18 of this Decree; illegally encroaching or occupying and exploiting forests shall be sanctioned underArticle 19of thisDecree. 4. Those whocommit actsof violation specified in thisArticle shallalsobeforcedto dismantle or pay expenses for dismantling structures illegally constructed onillegally encroached oroccupied forest areas. Article 16.- Destruction offacilities usedforforest protection and development Destruction of facilities usedfor forest protection anddevelopment is actscausing damage to facilities usedforprotection anddevelopment(such asfire watch houses or towers, signboards, forest protection rules boards, water tanks andreservoirs usedfor forestfire extinguishment, alltypesof tools andequipment used forforest protection anddevelopment), altering thestate of these facilities or rendering themoutof order. Those who commit acts of destroying facilities usedfor forestprotection and development shall be sanctioned as follows: 1. A fine of between VND 200,000 and VND 500,000 shall be imposed for acts of: scrawling or drawing onsignboards orforestprotectionrules boards; deleting information andimages on these boards. 2. A fine of between VND 500,000 and VND 2,000,000 shallbeimposed foractsof: draining water reserved for forest fire extinguishment, displacing forest protection signboards. 3. A fine of between VND 2,000,000 and VND 5,000,000 shall be imposed for acts of: destroying roads in forests, obstructing forestprotection patrols andpursuitof illegal loggers. destroying firebreaks. 4. A fine of betweenVND 5,000,000 and VND 10,000,000 shallbe imposed for acts of: destroying © VIETNAM LAW & LEGAL FORUM Issuonos 11-12/0ctobor 2007 (C6ng Baa nos l66-l6l/November 9,2001) OFFICIAL GAZETTE 25 forest protection rules boards, destroying watch towers, working houses, property and other equipment used in forest protection patrol. 5. Violators shall also be forced to pay expenses for remedying consequences caused by their acts of violation, If causing consequences which are serious enough for penal liability examination, dossiers shall he transferred to investigative agencies for handling in accordance with the Penal Code. Article 17.- Illegal exploitation of landscape, environment and forestry services lllegally exploitation of landscape, environment and forestry services is acts of using forest landscape and environment and forestry services for producing, providing services and conducting business or building graveyards without permission of competent state agencies or not in accoflJance with grant"ti licenses. Those who commit acts of illegally exploiting landscape and environment and forestry services shall be sanctioned as follows: 1. A fine of between VND 200,000 and VND 500,000 shall be imposed on persons conducting illegal business. 2. A fine of between VND 500,000 and VND 2,000,000 shall be imposed on persons illegally organizing sightseeing spots. 3. A fine of between VND 2,000,000 and VND 3,000,000 shall be imposed on persons illegally building establishments producing and raising aquatic resources, cattle or poultry. 4. Violators shall also be forced to restore the onginal state or pay expenses for remedying consequences caused by their acts of violation. Article 18.- Illegal deforestation Illegal deforestation is acts of cutting forest trees (not governed in Article 11 of this Decree), intentionally burning forest trees (not governed in Article 12 of this Decree), excavating, leveling, exploding mines, digging and building tidal water banks, discharging toxics and other acts that cause damage to forests for whatever purposes without permission of competent state agencies or not in accordance with granted permits. Those who commit acts of illegal deforestation shall be sanctioned as follows: 1.For production forests that are natural forests: aJ A fine of between VND I,OOO/m2 and VND 3,OOO/m2, if causing damage to up to 2,500 m2. bl A fine of between VND 2,000/rnz and VND 4,OOO/m2, if causing damage to between more than 2,500 m2 and 5,000 m-, cl A fine of between VND 3,000/m~ and VND 4,5OO/m2, if causing damage to between more than 5,000 m2 and 8,000 nY'. 2. For protection forests that are natural forests: 0/ A fine of between VND 2,OOO/m' and VND 4,000/m2, if causing damage to up to 2,000 m2. bl A fine of between VND 3,OOO/m! and VND 5,000/m2, if causing damage to between more than 2,000 m2 and 4,000 rrr', cl A fine of between VND 4,OOO/m2 and VND 6,OOO/m2, if causing damage to between more than 4,000 m2 and 6,000 m'. 3. For special-use forests that are natural forests; submerged forests, seed forests, experimeribJIresearch forests: aJ A fine of between VND 3,OOO/mt and VND 5,OOO/m2, if causing damage to up to I,SUO m2. bl A fine of between VND 4,000/m2 and VND 6,000/m2, if causing damage to between more than 1,500 m2 and 2,500 nr'. cl A fine of between VND 5,OOO/m2 and VND 1O,OOO/m2, if causing damage to between more than 2,500 111' and 4,000 1112. 4. For forest plantations: al Production forests that are forest plantations: A fine of between VND 500/m2 and VND 1,1001 m2, if causing damage to up to 37,500 m2with planted © VIETNAM LAW & LEGAL FORUM 26 OFFICIAL GAZETTE Iss". OM 11-12/0clohllr 2007 (Gong Bao nos 766·7671November 9,2007) treesaged up to 3 years; Afine ofbetween VND 900/nhnd VND1,5001 m2, if causing damage to up to 25,000 m2 of forest plantations agedbetween more than3 years to7years; A fine of between VND 1,0001m2 and VND 2,200/m2, if causing damage to up to 18,750 rrr' of forestplantations agedmorethan7 years. bl Protection forests thatarcforest plantations: Afineofbetween VND9OO/m2 andVND 1,5001 m2, ifcausing damage toupto25,000 m-withplanted treesaged up to 3 years; Afineofbetween VND I,ooo/ni andVND2,2001 m2, if causing damage to up to 18,750 m2 of forest plantationsagedbetween more than3 years to7years; A fine of between VND 3,0001m2 and VND 4,500/m2. If causing damage to up to 8,000 m- of forestplsniations agedmorethan7 years. c/ Forestplantation thatarespecial-use forests: A fine of between VND 1,000/m2 and VND 2,200/m2, if causing damage to upto 18,750 m2 with plantedtreesagedup to 3 years; A fine of between VND 2,000/m2 and VND 4,OOOIm2, Ifeausingdamage upto 10,000m2offoresr plantationsagedbetween morethan3 years to7 years; A fine of between VND 5,000/m2 and VND IO,OOO/m" ifcausing damage upto4,000m2 offorest plantlltiQ11S agedmorethan7 years. 5. Those who commit acts of clearing scenes of violation, soil preparation, cultivation or production in forest areas which havebeenrecently deforested shallbe finedup toVND5,000,000, if theyarchired employees, theyshall befineduptoVND2,000,000; thosewho commit actsof collecting forestproducts ondeforested areas shallbesanctioned underArticle 19of thisDecree. n. Those who commit actsof violation specified in thisArticle arealsosubject toconfiscation afforest products, reforestation or payment of reforestation expenses, 7. Forest owners who are allocated by the State natural forests or forestplantations and statebudget ornon-refundable funds formanaging, protecting and using theseforests forsilviculturepurposes, shallalso be sanctioned under this Article if their forests are destroyed due to their irresponsibility. Article 19.- Illegalexploitation of forests Illegally exploitation of forests isindividuals' and organizations' acts of collecting forest products in forests without permission of competent state agencies (if suchexploitation is subjected by law to licensing) ornotin accordance withgranted licenses. Those who illegally exploit forests shall be sanctioned as follows: 1. l1legally exploiting production forests atFortimber notofendangered, precious andrare species of groups IV to VIII: A fineof between VND 500,000/m3 and VND 700,000/m3, if illegally logging timber of up to6 m': A fine of between VND 700,UOO/m3 and VNO 1,000,000/m3, if illegally logging timber ofbetween morethan6 m' and 15 m'; Afineofbetween VND 1,000,000/m3 andVND 2,OOO,000/m3, if illegally logging timber of between morethan 151113 and 20 m", bl Fortimbernotofendangered, precious andrare species of groups I to III: A fine of between VND 700,OOO/m3 and VND I,OOO,OOOlm3, if illegally logging timberof up to 4 m1; AfineofbetweenVND I,OOO,OOOlm3andVND I,500,OOO/m3, if illegally logging timber of between morethan4 rn' and 10m'; Afineofbetween VND 1,500,OOO/m3andVND 2,500,000/m3, if illegally logging timber of between morethan 10 m3and IS m". e! For timber of endangered, precious and rare species of groupIIA: Afine ofbetweenVND I ,500,OOO/m3andVND 2,OOO,OOO/m3, if illegally logging timber of up to 3 m3; AfineofbetweenVND2,OOO,000/m3 andVND © VIETNAM LAW & LEGAL FORUM I••uono. 11-12/0ctobor 20Ql7 (Gong Baa nos 766-767/Nolvember 9,2007) OFFICIAL GAZETTE 27 2,5oo,000/m3, if illegallylogging timberof between more than 3 m3 and 6 m': AfineofbetweenVND 2,5oo,000/m' andVND 3,500,0001 m', if illegallylogging timberofbetween more than 6 m' and 10m3• d/ For fuelwood: A fineofbetweenVND 100,000/stere andVND 200,000/stere, if illegally logging fuelwood of up to 20 steres; A fineofbetween VND200,000/stere andVND 500,000/stere, if illegally logging fuelwood of betweenmore than20 steresand 30 steres; A fineofbetweenVND500,000lstere andVND 700,000/stere, if illegally logging fuelwood of between morethan 30 steresand 50 steres. e/Forforest plants andtheirpartsotherthantimber and fuelwood: A fine: of hP.twl'.e:n OR timP. and 1.? times the value of illegally exploited forest products, if such forestproducts are not of endangered, precious and rare species and life valuedup to VND30,000,000; A fine of between 1.2 times and 1.8 times the value of illegally exploited forest products, if such forestproducts are of endangered, precious andrare species of group IIA and are valued up to VND 20,000,000. 2. Illegally exploiting protection forests: a/Fortimbernotofendangered, precious andrare species of groups1V to V1Il: A fine of between VND 700,OOO/m3 to VND l,OOO.OOO/m3• if illegally logging timber ofupto5 m': Afineof betweenVND I,OOO,OOO/m3 andVND 1,500,OOO/m3, if illegally loggingtimberof between more than5 HI' and 10rrr'; Afineofbetween VND 1,5oo,OOO/m3 andVND 2,5oo.000/m3, if illegally loggingtimberof between more than 10 m3 and 15 rrr'; b/Fortimbernotofendangered, precious andrare species of groups1to III: Afine of'between VND I,OOO,000/m3 andVND 1,500,OOO/m3, if illegally logging timber ofupto 3 m'; Afineof betweenVND 1,500,000/m3 andVND 2.000,OOO/m3, if illegally logging timberof between more than 3 m3 and 7 m'; ~ Afineof betweenVND2,000,000/m3 andVND 4.000,OOO/m3, if illegally logging timberof between more than7 m' and 10m'. cl For timber of endangered, precious and rare species of group IIA: A fine of betweenVND 2,000,0001 m3 to VND 3,OOO,OOO/m3, if illegally logging timber of I.Ipto 2m'; AfineofbetweenVND3,OOO,000/m1 andVND 3,500,OOO/m3• if illegally loggingtimberof between morethan 2 m' and 4 rn': Afineof betweenVND3,500,000/mJand VND 4,500,0001 m', if illegally logging timberofbetween more than4 111' and7.5 HI'. d/ For fuelwood: Afine ofhP.tween VND?oo,OOO/stel'l!' nndVND 3oo,000Istere, if illegally loggingfuelwoad of up to 15steres; Afineof betweenVND300,000/stelie"snd VND 500,000/stere, if illegally logging fuelwood of betweenmore than 15steresand 25 steres; Afineof between VND500,OOO/steTellnd VND 1,000,000/stere, if illegally logging fuelwood of between more than25 steresand40 steres: e/Forforestplants andtheirpartsothertl1an timber and fuelwood: Afineof between1timeand 1.4timesthe value of illegallyexploited forest products, if jUch forest products are not of endangered, precious and rare speciesandare valuedup to VND25,000,000: A fine of between \.5 times and 2.5 times the value of illegallyexploited forest products, If such forestproducts areof endangered, preciousand rare species of group IIA and are valued up to VND 15,000,000. 3. Illegally exploiting special-use forests: aIFor timber notofendangered, precious and.rare species of groupsIV to VIII: A fine of betweenVND I,OOO,000/m3 to VND © VIETNAM LAW & LEGAL FORUM 28 OFFICIAL GAZETTE Issue nos 11·1210ctober 2007 (Cong Bao nos 766-767lNovember 9,2007) l,jOU,()UU/m3, it Illegally loggmg tunber of up to J m'; AfineofbetweenVND 1,5oo,OOO/m3 andVND 2,Ono,OOO!m3, if illegally logging timber ofbetween more than 3 m' and 7 m'; Afine of betweenVND 2,OOO,OOO/m3 andVND 4,OOO,OOO/m3, if illegally logging timberof between more than 7 m' and 10 m'; hIFortimber notofendangered. precious andrare speciesof groupsI to III: Afine lJfbetweenVND 2,OOO,OOO/m3 andVND 3,liJOI)),l'IJClfr<1', if illegally logging timber of upto2 m'; •Afine of betweenVND 3,OOO,OOO/m3 andVND 3.500,OOohn3, if illegallyloggingtimberof between more than2 m' and 4 nr'; AfirmofbetweenVND 3,500,OOO/m3 andVND 4,500,OOO'm', if illegallylogging timberuf between man, thilnA m" and 7.5 m''. e! For timber of endangered, precious and rare species of l¥ouPIIA: A fin!' of between VND 3,OOO,000/m3 to VND 4,OOO,00<¥rfi', ifillegally luggiug timber ufupLu 1.5nr', A fineof betweenVND4,OOO,OOO/m3 andVND 5.000,0001'm3• if illegallyloggingtimberof between more-than 1.5 m3 and 3 rn'; Afineof'berween VND5,OOO,OOOlm3 and VND 7,OOO,OOOfm', if illegally loggingtimberof between moretharr ~ m' and 5 m'. dI Forfuelwood: AfineofbetweenVND 300,OOO/stere andVND 400,OO.0l~e, if illegallyloggingfuelwood of up to 10steres; Afineof betweenVND400,OOO/stere andVND SOO,OOO/stere, if illegally logging fuelwood of betweenmore than 10 stores and 20 steres; AfineofbetweenVND SOO,OOO/stere andVND 1,200,OOO/sL<:ae, if illegally logging fuelwood of between morethan 20 steres and 30 steres. elForforest plantsandtheirparts otherthantimber and fuelwood: A fine of between 1.2 times and 1.8 times the value at Illegally exploited torest products, It such forest products are not of endangered, precious and rare species and are valued up to VND 20,000,000; Afine of between2 times and 4 times the value of illegally exploited forest products, if such forest products areofendangered, preciousandrarespecies of groupIIAand are valuedup to VND 10,000,000. 4. In case of illegally logging young forest trees whichcannotbe measuredinweight, theloggedforest area shall be measured as the basis for fining under Article 18 of this Decree; if logging is scattered. making it impossible to measure the logged area, it shall befined under Clause 2,Article 13ofthisDecree. 5. In case of illegally logging planted trees in scattered areasor plantedtreeswithin an area which are ineligible for classification as timber, it shall be fined underPoint d, Clause 1of this Article. 6. In case of illegally exploiting timber lying scattered inricefields or illegally conductingsalvage exploitation of timberon agricultural land or salvage exploitation of lying timber, it shall be fined under Clause 1 of thisArticle. 7. Those who commit acts of violation specified in thisArticleare alsosubjectto one of the following additional sanctioning forms: atConfiscation of material evidences and means used in administrative violations. bl Deprivation of theright to use loggingpermits. 8. Those who commit acts of violation specified in this Article shall also be forced to replant or pay expenses for replanting exploitedforests. 9. Forest uwners whu are allucated by the State natural forests or forestplantations and statebudget ornon-refundable funds formanaging, protecting and usingtheseforests forsilviculture purposes shallalso be sanctioned under this Article if their forests are illegally exploiteddue to their irresponsibility. Article 20.- Violations of regulations on forest animalmanagement andprotection These violations are acts of hunting, shooting, catching; raising, slaughtering forestanimalswithout © VIETNAM LAW & LEGAL FORUM I••uo no. 11-12/0ctobor 2007 (C6ng Baa nos 766-767/November 9, 2007) OFFICIAL GAZETTE ze permission of competent state agencies or not in accordance with the provisions of grantedpermits. Those who violate regulations on forest animal management and protection shall be sanctioned as follows: 1. Caution or a fine of between VND 5,000 and VND 100,000 shall be imposed for one of the following acts: a/ Hunting and catching forest animals in reproductive seasons. b/ Using banned hunting and catching methods and tools. cl Hunting and catching forest animals in no hunting places. 2. For forest animals not of endangered, precious and rare species: a/Afine ofbetween 1timeand 1.5 timesthevalue of materialevidences that are forest animals or their parts valued at up to VND 2,000,000. b/ A fine of between 1.6 times and 2 times the valueof materialevidencesthat areforestanimals or their parts valued at between more than VND 2,000,000 and VND 5,000,000. c/ A fine of between 2.1 times and 2.5 times the valueof materialevidencesthatare forestanimals or theirparts valued at more than VND 5,000,000. The maximumfine must not exceed VND 30,000,000. 3. For forestanimalsof endangered, preciousand rare speciesof group IIB: a/ A fine of between 1.6 times and 2 times the valueof material evidencesthatareforestanimalsor their parts valued at up to VND 1,000,000. b/ A fine of between 2.1 times and 2.5 times the valueof materialevidencesthatare forestanimals or their parts valued at between more than VND 1,000.000 and VND 2.000.000. e/ A fine of between 2.6 times and 3 times the valueof materialevidencesthatare forestanimals or theirpans valuedat more thanVND 2,000,000. The maximumfine must not exceed VND 30,000,000. 4. Afine of between I time and 2 times the value of raised animals shall be imposed on persons who illegallyraiseforestanimalsof endangered,precious andrarespecies of groupIE.Themaximumfinemust notexceed VND 30,000,000. 5. Those who commit acts of violation specified in this Article may, in addition to payment of a fine and confiscation of material evidences and means used in administrative violations. also be subject to deprivation of huntinggun usepermitsor certificates of registration of raisingbreedinganimals for 1year, or of restaurant, hotel, fine art or souvenir shop operationlicenses for 2 years. 6. Those who commit acts of violation specified in thisArticleshallalsobe forcedto pay expensesfor remedying environmental pollution caused by their administrative violations. Article21.- Illegal transportation offorestproducts Illegal transportation of forest products. is acts of vehicle operators, vehicle owners or forest product owners usingvehicles or labor in transportingforest productswithuutlawfulpapersor withlawfulpapels whichareinconsistent withtransportedforestproducts. Those who commit acts of illegally transporting forest products shallbe sanctionedas follows: I. For vehicleoperators: a! Caution or a fine of between VND 5,000 and VND 500,000 shall be imposed on those who personally carry forest products illegally (without using any vehicle), or use rudimentary vehicles, bicycles or pulling animals for transporting forest products illegally. bl A fine of between VND 500,000 and VND 2,500,000 shall be imposed on those who operate motorcycles, mopeds or pedicabs for transporting forest productsillegally. c/Thosewhooperatevehicles fortransportingforest products illegally notgoverned atPoints aandb,Clause I of thisArticle shallbe sanctioned as follows: For forest animalsnot of endangered, precious and rare species: +Afine ofbetween 0.5 timeand0.7 timethevalue © VIErNAM LAW & LEGAL FORUM 30 OFFICIAL GAZETTE Issue nos 11·12/0ctober 2007 (Gong Bao nos 766-767/November 9,2007) of material evidences that are forestanimals or their parts valued at up to VND 2,000,000. +Afine of between 0.8 time and 1 timethe value of material evidencesthat are forestanimals or their parts valued at between more than VND 2,000,000 and VND 5,000,000. +A fineof between1timeand 1.2timesthevalue of material evidencesthat are forestanimals or their parts valued at more than VND 5,000,000. The maximumfine must not exceedVND 30,000,000. Por forestanimalsof endangered, precious and rare SpeClCS of group lIB: + Afineof between0.8 timeand 1 timethe value of material evidences that are forestanimals or their partsvalued at up to VND 1,000,000. + Afine of between1 timeand 1.2timesthevalue of materialevidences that are forestanimals or their parts valued at between more than VND 1,000,000 and VND2,000,OOO. + A fine of between 1.3 times and 1.5 times the valueof materialevidencesthatareforestanimals or theirpartsvalued at more thanVND2,000,000. The maximumfine must not exceedVND 30,000,000. •For timbernot of endangered, precious andrare species at groups IV to VIII: + Afine. of betweenVND 250,000/m3 and VND 350,OOOLm3, if involving up to 6m'; A fine of betweenVND 350,0001 m3 and VND 550,000/m', if involving between more than 6 m3 and 15 m3; A fine of between VND SOO,000/m3 and VND I,OOO,OOO/m3, if involving more than 15 m", The maximumfine must not exceedVND 30,000,000. For timbernot of endangered, precious andrare species of groups I to III: +A fine of betweenVND 300,OOO/m3 and VND 500,000/m3, if involving up to 4 rrr': +A fine of betweenVND 500,000/m3 and VND 700,000/m3, if involving between more than 4 m3 and 10m3; +A fine of betweenVND700,000Im3 and VND 1,300,OOUlm3, if involvmg more than 10 m'. The maximumfine mustnot exceed VND 30,000,000. For timber of enelangereel, predoll~ and rare species of group IIA: + A fine of between VND 700,000Im3 to VND 1,000,000Im" if involving up to 3 rrr': +AfineofbetweenVND 1,000,000/m3 andVND 1,400.000/m3, if involving between more than 3 m3 ando m'; +AfineofbetweenVND 1,200,000Im' andVND 1,SOO,OOO/m", if involving more than 6 rrr', The maximumfine must not exceed VND 30,000,000. For non-timber forest plants and their parts of endangered, precious and rare speciesof groupIIA, a fine of between 1 time and 2 times the value of material evidences shallbe imposed.The maximum fine must not exceed VND 30,000,000. d/Operators ofvehicles illegally transporting forest products whoarealsoownersof theseforestproducts or who are unable to prove that these forest products are not theirown shallbe sanctioned underPointa, b or c of thisClause, andClause3 of thisArticle. 2. For vehicleowners Vehicle ownersshallbe sanctionedunderClause 1of thisArticle (exceptownersof vehicleswhichare appropriated or illegally used). 3. For owners offorest products: atOwners offorestproducts whicharetransported without papers proving their lawfulness shall be sanctioned as follows: For forest animal. and their part. not of endangered, precious and rare species, their owners shallbe sanctioned underClause2,Article20 of this Decree; Forforestanimals andtheirpartsofendangered, preciousand rare species of group lIB, their owners shallbe sanctioned underClause3,Article20 of this Article; For timbernot of endangered, preciousand rare species of groups IV to VIII, their owners shall be sanctioned underClause 1,Article22 of thisArticle; © VIETNAM LAW & LEGAL FORUM Issue nas11·1210ctaber 2007 (Gong Baa nos 766-767/November 9,2007) OFFICIAL GAZETTE 31 For timbernot of endangered, precious andrare species of groups I to III, their owners shall be sanctioned underClause2,Article 22of thisArticle; For timber of endangered, precious and rare species ofgroupITA, theirowners shall besanctioned underClause3, Article22 of thisArticle; For non-timber forest plants and their parts of endangered, precious andrare species of groupIIA, theirownersshallbe imposed a fine of between 1.5 timesand 2.5 times the valueof material evidences; themaximumfinemustnotexceedVND30,000,000. hiIn caseof transporting timberwithvalidpapers proving itslawful origin butwithavolume exceeding the allowable error limit, a fine shall be imposed on theportioninexcess oftheallowable errorlimitunder Clause I of thisArticle. c/ Ownerswho transport their forest products of lawful origin but fail to observe the State's current regulations onthemanagement orderandprocedures shallbe sanctioned underArticle 23 of thisDecree. 1. Those who commitactsof violation specified inClauses 1,2 and3of thisArticle mayalsofaceone of the following additional sanctioning forms: a/ Deprivation of the right to use permit, CITES certificate andspecial transportationpermit; deprivation of the rightto usedriving license for sixmonths. bl Confiscation of material evidences, for actsof violation specified in Clause1,andat Points a andb, Clause3 of thisArticle, c/ Confiscation of vehicles illegally transporting forestproducts (except thosewhich areappropriated or illegally used) in one of the following cases: Violation in an organized manner; Repeated violation or recidivism; Violators resisting officials on duty; TT<ing vehicles with double compartment, double bottomor double roof, vehicles without registration papers granted bycompetentstate agencies, displaying forged number plates or vehicles transformed from small carsforillegally transporting forest products. Consequences of acts of violation shall be calculated in volume or the value of forestproducts in cash as follows: +Fortimbernotofendangered, precious andrare species ofgroupsIV toVIII, from 1.5m3 ormore;of groups 1to 111, from I m' or more; + For timber of endangered, precious and rare species of groupITA, from0.5 m' or more;of group IA (applicable to casesin which criminal caseshave been instituted but dossiers are then returned for administrative sanction), from 0.3 rn3 OJ more; +For forest plants andtheirparts (non timber) of endangered, precious andrare speciesofgroupsITA, valued at VND 15,000,000 or more;of gronplA, at VND 10,000,000 or more; +For forestanimals not of endangered precious and rare species or their parts, valued at VND 2,000,000 or more; of endangered, preciousandrare species ofgroupITB or theirparts,atVND 1,500,000 or more;of endangered, precious andrarespecies of groupIE or theirparts (applicable to cases in which criminal caseshave been instituted but dossiers Me thentransferred foradministrative sanction), atVND 1,000,000 or more; 5. Thosewhocommitacts of violation specified in this Article may also face one of the following remedies: a/ Forced payment of expenses for rescue or destruction of wild animals which are woundedor killed, or expenses for releasing wild animals into theirnatural habitats. bl Forced transportation of passengers to a coach station orpayment ofexpenses therefor, if usingcars withpassengers onboard to illegally transport forest products. Article 22.- Illegal purchase, sale, concealment, processing and trading of forestproducts Acts of illegal purchase, sale, concealment, processing andtrading offorest products arethese acts performed without lawful papers ornot in accordance withcontents of their lawful papers or withoutpermits in cases in which permits arerequired by law. © VIETNAM LAW & LEGAL FORUM 32 OFFICIAL GAZETTE 155ue n05 11-1210ctober 2007 (Gong Baa nos 766-767/November 9,2007) Those who commit acts of illegal purchase, sale, concealment, processing and trading of forest products shallbe sanctioned as follows: 1. For acts of purchase, sale, concealment, processing and tradingof timber not of endangered, precious and rare speciesof groups IVto VIII: a/ A fineof betweenVND 500,OOO/m3 and VND 700,OOO/m3, if involving up to 6 m3; blAfine of betweenVND700,000/m3 and VND 1,000,OOO/m3, if involving between more than 6 rrr' and 15 m3; clAfine ofbetweenVND1,OOO,OOO/m3 andVND 2,OOO,OOulm3, if involving between morethan 15m3 andZOm3• 2. For acts of purchase, sale, concealment, processing and trading of timber notof endangered, precious and rare species of groups I to III: a/ Afine of hetween VNO 700,OOO/m3 andVNn I,OOO,000lrn3, if involving up to 4 rn'; blAfineof between VNDI,OOO,OOO/m3 andVND 1,500,OO0im3, if involving between more than 4 m' and 10m3• clAfineofbetweenVND1.500.000/m3 andVND 2,500,OOOIrn3, if involving between morethan 10m3 and 15m' 3. For acts of purchase, sale, concealment, processing and trading of timber of endangered, preciousand rare species of groupIlA: a/Afire ofbetweenVND1,500,OOO/m3 andVND 2,OOO,OOUlm3, if involving up to 3 rn'; b/Affnc of between VND2,000,000/111' andVND 2,500,OOO/m3, if involving between more than 3 m' and fi m"; cIAfine ofbetweenVND2,500,000/m3 andVND 3,500,000/m3, if involving between more than 6 m3 and If) m3 4. For acts of purchase, sale, concealment, processing and trading of forest products and their parts,sanctions shallbe imposed underArticle 20 of thisDecree. 5. In addition to payingafine. violators underthis Article will alsohave forestproductsconfiscated. Article23.-Violations ofadministrativeprocedures in purchase, sale, transportation, processing, trading andstorage of forest products 1. A fine of between VND 500,000 and VND 2,000,000 shall be imposed on owners of forest product processing, trading, purchase and sale establishments who fail to make entriesin the forest productstorageand deliveryregister. 2.A fineof betweenVND l00,OOO/m3 and VND 200,000/m3, but not exceeding VND 10,000,000. shallbe imposedonownerswhotransport, purchase, sellor storenatural foresttimberof lawfuloriginbut fail to observethe State's current regulations on the management order and procedures. A fine of between VND 30,OOO/m3 and VND 50,OOO/m3, but not exceedingVND 5,000,000, shall be imposed on owners who transport, purchase, sell or storeforestplantation andgardentimberoflawful origin butfail toobserve theState'scurrent regulations on the management order and procedures. 3. A fine of between 0.1 time and 0.2 time the value of forest products, but not exceeding VND 5.000,000, shallbe imposedon ownerswhoprocess, trade in, transport, purchase or sell forest products andtheirparts (non-timber) of endangered, precious andrarespecies ofgroupIlA;forestanimals andtheir par1S, which are raised. of lawful origin but fail to observe the State's current regulations on the management order and procedures. Chapter III COMPETENCE TOSANCTION ADMINISTRATIVE VIOLATIONS Article 24.- Competence of forest protection officers to sanction administrative violations 1. Forest protection officers on duty have the competence to issue cautions or imposefines of up to VND 100,000. 2. Heads of forest protection stations have the © VIETNAM LAW & LEGAL FORUM Issue nas11-12/0ctaber 2007 (Gong Bao nos 766-767/November 9,2007) OFFICIAL GAZETTE 33 competence to issue cautions or impose finesof up to VND2,000,000; confiscate material evidences and means used in administrative violations which are valuedat up to VND 10,000,000. 3.Headsofdistrict-level forest protection sections, special-use forestprotection sections andprotection forest protection sections andleaders ofmobile forest protection and forest fire prevention and fighting teams have the competence to issue cautions or impose fines of up to VND 10,000,000; confiscate material evidences andmeans usedin administrative violations whicharevalued atuptoVND20,000,000; and apply remedies specified in Clauses 2 and 5, Article 6 of this Decree. 4. Directors of provincial-level forest protection departments andleaders oftask-force forest protection teams havethecompetencetoissue cautions orimpose fines of up to VND 20,000,000; deprive the right to use permits specified at Point b, Clause 7, Article 19; in Clause5,Article 20;atPointa,Clause 4,Article21 ofthis Decree; confiscate material evidences andmeans usedin administrative violations; andapply remedies specified inArticle 6 of thisDecree. 5.The directorof theForest Protection Department hasthe competence toissuecautions or imposefines of up to VND30,000,000; deprive of therightto use permitsspecified.at Pointb, Clause7, Article 19;in Clause5, Article 20; at Pointa, Clause4, Article 21 of this Decree; confiscate material evidences and means used in administrative viulatiuns; and apply remedies specified inArticle 6 of thisDecree. Article 25.-Competence ofpresidents ofPeapie's Committees at all levels to sanction administrative violations 1.Commune-level People's Committee presidents havethecompetence toissue cautions orimpose fines of upto VND500,000; confiscate material evidences and means used in administrative violations which arevaluedatuptoVND500,000; andapplyremedies specified in Clause2, Article (j uf thisD""H:e. 2. District-level People's Committee presidents havethecompetence toissuecautions orimpose fines of up to VND20,000,000; deprive of therightto use permits specified at Pointb, Clause7, Article 19;in Clause5,Article 20; at Point a, Clause4, Article 21 of this Decree; confiscate material evidences and means used in administrative violations; and apply remedies specified inArticle6 of thisDecree. 3.Provincial-level People'sCommittee presidents have thecompetence to issuecautions orimpose fines of up to VND30,000,000; deprive of the rightto use permits specified at Pointb, Clause 7, Article 19; in Clause 5,Article 20;atPointa,Clause1,Article 21of this Decree; confiscate material evidences andmeans usedinadministrative violations; andapplyremedies. 4.Local forest protection agencies atallleveis shall giveadvice toPeople'sCommittees of thesamelevel on sanctioning administrative violations according to theircompetence specified in thisArticle. Article 26.- Authorization of the competence to sanction administrative violations 1. When a person with administrative violation sanctioning competence specified in Clause 3, 4 or 5, Article 24, or Article25 of this Decree is absent, he/she mayauthorize hislherdeputy. Theauthorized personshallexercise thecompetence of hrszher head and take responsibility before law for his/her sanctioning of administrative violations. 2.Authorization mustbe madeinwriting either on a case-by-case basis or for a specified periodof time. Article 27.- Determination of the competence to sanction administrative violations 1. The competence to sanction administrative violations specified inArticle24 or 25of thisDecree is applicable to one act of administrative violation. 2. The competence to impose fines shall be determined basedon the maximumlevelof the fine bracket prescribed for each act of administrative violation. 3. In case of sanctioning a person who commits more than one act of administrative violation, the competence to sanction thispersonis determined on the following principle: © VIETNAM LAW & LEGAL FORUM 34 OFFICIAL GAZETTE 1.3UOnos11-12/0ctobor 2007 (Gong BaD nos 766-767lNovember g, 2007) aI If the sanctioning forms and levels for each of these acts of violation fall within the sanctioning competence of a title holder, the competence to sanction these acts rests with this title holder. bl If the sanctioning form and level for one of these acts of violation fall beyond the sanctioning competence of the sanctioning person, this person shall transfer the dossier of the violation case to the level with sanctioning competence. cl If these acts of violation fall within the sanctioning competence of persons in different branches thecompetence to sanction these acts rests with the competent People's Committee of the place Wherethe Violation takes place. 4. Functional agencies, such as police, border guard, cn<lnm<. tax, marker control ann inSpp'ction. shall closely coordinate with forest protection agencies in examining, inspecting and stopping acts of admimstrative violation in the domain of forest management, forest protection and forest product management. When detecting any act of administrativeviolation,a writtenrecord thereof must be made according to regulations, and within 5 days from the date of making of such written record, the relevant dossier, material evidences and means used in the administrative violation must be transferred to the f"n'est protection agp.ncy of the <arne level for sanctioning If thecase ofviolationdoes not fall within its sanctioning competence, the forest protection agency sball, upon receiving its dossier, transfer the dossier tothe authority with sanctioning competence defined in Articles 24 and 25 of this Decree. In provinces and districts without a forest protection agency, cases of violation arrested by functional agencies shall be transferred to the offices of provincial-levelor district-levelPeople's Committees to advise the presidents of these provincial-level or district-level People's Committees on sanctioning these: cases according to their competence. The violation-handling agency shall pay reasonable expenses arising in the course of arrest and preservation of material evidences to the dossier transferring agency. Article28.- Settlement of cases falling beyond the competence to sanction administrative violations I. When a fine to be imposed in a case of violation or the value of material evidences and means in a case of violation falls beyond the sanctioning competence of hislher level, the person who has receivedthedossier of thecase shalltransferthe whole dossierto acompetent authorityfor sanctioningwithin the time limit specified in Article 37 of this Decree. The dossier of a case of violation shall be transferred as follows: aI If the case of violation falls beyond the sanctioning competence of a forest protection officer, its dossier shall be transferred to hislher immediate supervisor. bl If the case of violation falls beyond the sanctioning competence of the head of a forest protectionstationor the presidentof a commune-level People's Committee, its dossier shall be transferred to the director of the district-level forest protection section or the director of the special-use forest protection section or protection- forest protection section in charge of the locality concerned (below generally referred to as forest protection section). cl If the case of violation falls beyond the sanctioning competence of the director of a forest protection section, its dossier shall be transferred to the director of the provincial-level forest protection department or the president of the district-level People's Committee of the localitywherethe violation takes place for handling. dl If the case of violation falls beyond the sanctioning competence of the leader of the mobile forest protection and forest fire prevention and fighting ream, its dossier shall be transferred tu lite director of the provincial-level forest protection department for sanctioning. el If the case of violation falls beyond the sanctioning competence of the president of a district level People's Committee or the director of a forest protection section, its dossier shall be transferred to the president of the provincial-level People's © VIETNAM LAW & LEGAL FORUM Issue nos 11-12/0ctober 2007 (Gong Bao nos 766-767fNovember 9,2007) OFFICIAL GAZETTE 35 Committees for sanctioning. ff When finding it necessary, the immediate supervisor within the system of forest protection agencies may pick up a case of administrative violation falling within the sanctioning competence of its subordinate for handling. 2.The transfer of dossiersofcasesof violation to authorities with ,anctionine competence sha11 he carried out through the system of forest protection agencies. Pending the issuance of sanctioning decisions bycompetentagencies, temporarily seized forest products and means in these cases shall be preserved by agencies which have decided on the temporary seizureat temporary seizure places. Atter sanctioning decisions are issued, forest protection agencies shallcomplywith thesedecisions. Chapter IV APPLICATION OFPREVENTIVE MEASURES Article 29.- Body search, detention of persons according to administrative procedures 1. Body search according to administrative procedures shallbe carriedout under the provisions of Article 47 of the Ordinance on the Handling of Administrative Violations. 2.Detention ofpersons according toadministrative procedures shallbe carriedout under theprovisions ofArticles 44and45oftheOrdinance ontheHandling of Administrative Violations and the Government's DecreeNo I 6212004/ND-CP of September 7, 2004, promulgating theRegulation on detention ofpersons according to administrative procedures. Article30.-Searchof vehicles andarticles When having grounds to believe that vehicles, bags and containers contain illegal forest products, leaders oftask-force forest protection teams, directors ofdistrict-level forest protection sections, special-use forest protection sections or protection-forest protection sections, leaders ofmobile forest protection andforestfireprevention andfighting teamsorforest protection officers thatareperforming forestproduet examination andcontrolshalluse signalflags, signal boards, whistles ortorches (atdark)toorderoperators of road or waterway vehicles to stop their vehicles forforest productcontrol. Vehicle andarticlesearches shallbecarriedoutundertheprovisions ofArticle48 of the Ordinance on the Handlingof Administrative VIolations. Article 3],- Search ofplaces forconcealedmaterial evideuces and means involved in administrative violations Persons definedin Article 4'; of theOrdi I'Wlnce on theHandling ofAdministrative Violations whowork in the forest protection force or other functional agencies defined inClause 4,Article 27of~ ill Decree, whenconducting inspection and examination in the domainof forest management, forestprotection and forest product management, are entitled to make decision to search forests or sites where forest products and means involved in administrative violations are concealed under the previsions of Article 49 of the Ordinance on the Handling of Administrative Violations. Whensearchingresidences formaterial evidences and means involved in administrative violations, search decisions arc subject to prior written consent of the president of the district-level People's Committee beforethesearchiscarriedout Residence mentioned in this Article is a place of habitual residence of an individual or household with permanent residence or temporary rasidence registration papers; or a place where the vehicle is registered, forvehicles usedashabitual residences of individuals or households. Article 32.- Temporary seizure of material evidences and means involved in administrative violations 1. Leaders of task-force forest protection teams, directors of district-level forest protection sections.• special-use forest protection sections or protection forest protection sections, leaders of mobile forest (1:) VIETNAM LAW & LEGAL FORUM 36 OFFICIAL GAZETTE Issue nos 11·12/0clober 2007 (Gong Baa nos 766-767/November 9, 2007) protection and forest fire prevention and lighting teams and other persons defined in Articles 45 and 46 of the Ordinance on the Handling of Administrative Violations have the competence to temporarily seize material evidences and means involved in administrative violations. Seizureof material evidences andmeansinvolved in administrative violations shallbe carriedoutunder the provisions of Article46 of the Ordinance on the Handling of Administrative Violations. 2. The duration of temporary seizureof vehicles involvedfn administrative violations is as follows: a/ Forl!imple caseswithapparentactsof violation requiring rro further verification, vehicles involved inadministrative violations maybetemporarily seized for not mare than 10days. bl For complex cases requiring verification, vehicles involved in administrative violations may he tcmporarily seized for a longer period not exceeding60 days, countingfrom the date they are temporarily seized. Thetim: oftemporary seizure ofvehicles involved in adminMotrative violations specifiedat Pointsa and b, Clause 2. of thisArticle iscountedin workingdays, excluding holidays as prescribedby law. Chapter V PROCEDURES FOR SANCTIONING ADMINISTRATIVE VIOLATIONS AND EXECUTION OF SANCTIONING DECISIONS Arlicle33.- Termination of actsof administrative violation Whendetecting Individuals' or organizations' acts of administrative violation specified in Articles 8 through 23 of this Decree or activities at risk of causingforestfires or damaging forests, personswith sanctioning competence shall take measures to stop these acts or activities. A termination measure may be a writtenor oral decision, a whistle,a signalor in other forms depending on each specific case of violation. Immediately after stopping activities harmful to forests, forest protection officers shall report thereon to their immediatesupervisors. Article 34.- Sanctioning of administrative violations according to simplifiedprocedures It is the case in which a person with sanctioning competence does not make a written record of a violation but issuea sanctioning decisionon spot. 1. Cases in which administrative violations may be sanctionedaccording to simplifiedprocedures: a/ Acts of administrative violation subject to cautionor a fine of up to VND 100,000. hIMultiple actsofviolation committedby aperson each of which is subject to caution or a fine of up to VND 100,000. 2. An administrative violation-sanctioning decision accordi ngto simplifiedproceduresmust be made in writing accordingto a set fonn. Sanctioned individuals or organizations maypay fineson spot to personswithsanctioning competencefor whichthey will be given a receipt issued by the Ministry of Finance. Article 35.- Making of written records of administrative violations 1. Persons with administrative violation sanctioning competenceshall,whendetectingillegal acts,promptlymakewrittenrecordsof administrative violations under the provisionsof Article 55 of the Ordinance on the Handling of Administrative Violations, exceptforviolations sanctioned according to simplified procedures under the provisions of Article 54 of the Ordinance on the Handling of Administrative Violations. If the written record making person does not have the sanctioning competence, his/her superior, who has sanctioning competence, shallsignthewritten recordor,if finding it necessary, conduct verification before signing the writtenrecord. 2. Functional agencies mentioned in Clause 4, Article27 of this Decree shall, when detecting acts of administrative violation in the domain of forest © VIETNAM LAW & LEGAL FORUM Issuenos11-12/0ctober 2007 (C6ng Baa nos 766-767/November 9,2007) OFFICIAL GAZETTE 37 management, forest protection and forest product management, make written records thereof, temporarily seize material evidences and means involved in these administrative violations and transfer themto forestprotection agencies according to regulations. Written records made by and transferred fromfunctional agencies serve asthebasis for sanctioning administrative violations. 3.Whencatching individuals ororganizations red handed, committing acts of administrative violations in the forests under theirmanagement, forest owners maydetain, makewritten records ofviolations caught red-handed, escort the violators, and deliver them together withtheviolation dossiers toforest protection agencies orPeople's Committees ofcommunes, wards or townships where the violations takeplace. Written recordsofviolations caughtred-handedmadebyforest owners serve as the basis for competent agencies to makewritten records of administrative violations. 4. If detecting derelict material evidences and meansinvolvedin violations, persons mentioned in Clauses I and 2 of this Article shall make written records of examination and temporary seizure and conduct investigation toidentify violators andhandle themaccording to law. Forest owners shall coordinate with forest protection agencies in making written records of and examining derelict material evidences and means foundin their forests. Derelictforest products found by forest owners shallbe disposed of underArticle 43 of thisDecree. Article36.- Administrative violation-sanctioning decisions 1. After determining acts of violation and their severity, lheperson with sanctioning cornpeteuce shall basehimself/herselfonthefactors specified inArticle 3 of this Decree to consider and decide on the sanctioning form and levelapplicable to each act of violation. 2. Methods of determining fine levels al A specific fine imposed for an act of administrative violation involving no aggravating or extenuating circumstances is the average of the fine bracket prescribed for such act. The average of a fine bracket ishalfofthesumoftheminimum fineanddie maximum fineof thefinebracket. If afineisbasedon thenumber of times of the valueof forest products, it shall be determined based on half of the sum of the minimumnumber oftimes andthemaximum number of times of thefinebracket. bl For administrative violations subject to a fine prescribed in squaremeter, cubicmeter, troo orvalue of forest product, theaveragefine shallbecalculated according to Point a, Clause 2 of this Article, then multiplied by thearea,volumeor numberof treesor valueof forest products involvedin the violation. cI For violators with extenuating or I'.g.gravating circumstances, it isnecessary tocalculate the average fine according to Points a and b, Clause 2 of this Article, whichmay, as the case may be, bereduced, hut notlow"rthanrheminimum]pvel of lhe relevant fine bracket, and multiplied by the area volume, numberof treesor valueof forestproductsinvolved in the violation, or be increased, but not higherthan themaximumlevelof the relevantfine bracket, and multiplied by the area,volumeor numberef treesor valueofforest products involvedin thevio11rtion, but not exceeding VND 30,000,000. 3.Anadministrative violation-sanctioning decision mustbe issued according topropercompetence, order andprocedures and in the properform as prescribed. It mustcontain full contents as specified inArticle 56 of the Ordinance on the Handling of Administrative Violations. When the provisions of Clause4, Article 45 of this Decree areapplied, thisapplication mustbe stated in sanctioning decisions Article 37.- Time limit for issuing sanctioning decisions 1.Timelimit for issuingsanctioning decisions at For simple cases involving apparent acts of violation and requiring no further verification, sanctioning decisions must be issued within 10 working days from the date written records of administrative violations are made. © VIETNAM LAW & LEGAL FORUM 38 OFFICIAL GAZETTE Issue nas 11·12/0claber 2007 (C6ng Baa nos 766·767lNovember 9, 2007) b/Forcomplexcasesinwhich material evidences and means need assessment, violators need to be identified or other complex circumstances are involved, the time limit for issuing sanctioning decisions is 30 working days from the date written records of administrative violations aremade. When more time is needed for verification and collection of evidences, at least 10 days before the end of the time limit for sanctioning, persons with sanctioning competence shall report it in writing to theirinJrrK'lliate supervisors forextensionpermission; extension mustnot exceed30 days. c/Thetime limitforissuing sanctioning decisions is GUUIlt~ ill working days, excluding holidays prescribed by law. 2. The order of extension of the time limit for issuing a sanctioning decision is as follows: at Directors of district-level forest protection sections l1lOiy grant extension for cases of violation falling withm the sanctioning competence of heads of attached forestprotection stations. bl Directors of provincial-level forest protection departmenl'l maygrant extension forcases ofviolation falling within the sanctioning cnmpetence of leaders of mobiltl'f0rest protection andforest fireprevention and fighting teams, directors of district-level forest protection sections, directors of special-use forest protection sections anddirectors ofprotection-forest protectionsections. c/Prell;dents ofdistrict-level People's Committees may grant extension for cases of violation falling within the sanctioning competence of presidents of commune-level People'sCommittees. dl Presidents of provincial-level People's Committees may grant extension for cases of violation falling within the sanctioning competence of directors of provincial-level forest protection departments andpresidents of district-level People's Committees. cfThedirector oftheForest Protection Department may grant extension for cases of violation falling within thesanctioning competence oftask-force forest protection teams andcasesofviolation falling within hislher sanctioning competence. 3. Competent persons may not issue sanctioning decisions in the following cases: a/ The timelimitstatedatPointa, Clause 1of this Article hasexpired; b/The timelimitforissuing sanctioning decisions specified atPointh,Clause 1ofthisArticle hasexpired andnoextension hasbeenrequested or theextension request is not approved by competentauthorities; cf The extended period approved by competent authorities hasexpired. 4. If notissuing sanctioning decisions, competent persons may still issuedecisions on the application of remedies specified inArticle6 of thisDecree, and confiscate forest products which are material evidences involved in administrative violations. A.rtiel" 3R.- Decision on forced application of remedies, confiscation ofmaterial evidences involved in administrative violations in case of non-issuance of administrative violation-sanctioning decisions I. Aftertheexpiryof the statute of limitations for sanctioning specified in Article 4 of this Decree or the time limit for issuing administrative violation sanctioning decisions specified in Clause 3, Article 37 of this Decree, persons with sanctioning competence maynot issuesanctioning decisions but can still decide on the application of remedies as applicable to actsof viulation specified illChapter II of thisDecree. Decisions onforced application ofremedies must be issued in writing according to a set form. 2. If unable to issuea sanctioning decision as the sanctioning time limit has expired, the person with sanctioning competence can still issuea decision to confiscate forest products thatarematerial evidences involved in the adrmnistrative violation. After the expiry of the sanctioning time limit, decisions toconnscate forest products thatarematerial evidences involved in administrative violations must be issuedin writing according to a set form, @ VIETNAM LAW & LEGAL FORUM Issue nos1HZ/OctoberZ007 (C6ng BaD nos 766-767/November 9,2007) OFFICIAL GAZETTE 39 Article 39.- Valuation of material evidences and means involved in administrative violations 1.After temporarily seizing material evidences and means involvedinadministrative violations, iffinding it necessary to confiscate them. the personwho has issued the temporary seizuredecision shall invite a representative from the finance agency of the same level10 examine and value thesematerial evidences and means. If it is difficult to value these material evidences and means or the person who has issued thetemporary seizure decision andtherepresentative of the finance agency cannot reach agreement, the person whohasissuedthetemporary seizure decision shall set up a valuation boardwith the participation of the provincial-level auction service center and representatives of concerned agencies toconductthe valuation. Formaterial evidences thatareforest products with piicesaheady determinedby provincial-level People's Committees, they shall be valued according to the prescribed prices. 3. The value of material evidences and means involved in adtninistrative violations determined undertheprovisions ofClmls"1ofthisArticle serves as the basis for determining the competence to confiscate material evidences andmeans involved in administrative violations. Article40.-Signing andsealing ofadministrative violation-sanctioning decisions 1.Aadministrative violation-sanctioning decision must be signed by the person with sanctioning competence or his/her authorized person; no other persons are allowedto sign suchdecision on behalf or for thesepersons. 2.Sealing ofadministrative violation-sanctioning decisions al Persons with administrative violation sanctioning competence and persons authorized to sanction administrative violations may use the seal of the agency of the person competent to sanction such violations. A seal shall be appended onto the left one-third of the signatnre, bl For a sanctioning decision issuedby a person withsanctioning competence butwithoutthe rightto appendix a sealthereon, the sealof theagencyof the person with sanctioning competence shall be appended on the top left comer of the sanctioning decision, atwhich thenameofthesanctioning agency andthe decision numberandcode aredisplayed. Article 41.- Collection andpaymentof fines 1.Collection of fines al State treasuries shall collect fines for adtninistrative violations, ensuring convenience for fine payers. Finesfor administrative violations must be collected according to administrative vtolation sanctioning decisions issued by persons with sanctioning competence in accordance with the Ordinance on the Handling of Administrative Violations. bl Persons with sanctioning competence may collectfineson spotin the following cases: Finesofbetween VND5,000andVND100,000; Fines imposed afterworking hours; Finesimposedinremoteandisolatedplaces,on riverandseaorinareas withdifficnlt travelconditions. c/ Violating individuals or organizations that are unable to pay fines on spot shall pay fioes at state treasuries according to regulations. Persons with sanctioning competence shall give administrative violation-sanctioning decisinn» to ~J(lctioned individuals ororganizations andsendthesedecisions within3working daysfromthedateof theirissuance to statetreasuries designated to collectfines. 2. Timelimitfor finepayment a/Individuals andorganizations thatcollect onspot fines for acts of administrative violation shall remit collected fines within 2 working days from the date ofcollection thereof toSlate treasuries accurately and fully according to the totalof fines indicatedin fine receipts and administrative violation-sanctioning decisions issuedby competent authorities. bl When administrative violations are sanctioned in remote and isolated places or areas with difficult © VIETNAM LAW & LEGAL FORUM 40 OFFICIAL GAZETTE 155ue n0511·1210o!ober 2007 (Gong Baa nos 766-767/November 9,2007) travel conditions, persons with sanctioning competence maycollectfines onspotandshallremit collected fines to state treasuries within 7 working days from the date of collection thereof; violators who are unable to pay fines on spot shall comply with the provisions of Clause 3 of this Article. c/ Whenadministrative violations are sanctioned onriverorsea,persons withsanctioning competence may collect fines on spot and shall remit collected fines to statetreasuries within 2 working days from the dateof getting ashore. Sanctioned individuals or organizations thatareunable topayfines onspotshall pay fines to state treasuries within 2 working days from theollie of getting ashore. J. If nat paying a fine on spot(excluding thecase specified aI: Point c, Clause 2 of this Article), the sanctioned individual or organization shallfully pay the fine at the state treasury indicated in the sanctioning decision within 10daysfromthedateof receiptof the sanctioning decision. State"treasuries that collect fines shall promptly notify caws in which sanctioned individuals or organizations fail to comply with administrative violation sanctioning decisions after thefine payment time limit to organizations of the issuers of the sanctioning decisions for enforcement of these decisions in accordance withlaw. 4, Management and use of fines collected for administrative violations at Fine!> collected for administrative violations mustbe fully remitted into the statebudgetvia state treasury acrounts. b/Useoffines foradministrative violations which have beenremitted into the statebudgetas funding supportfor agencies and organizations in chargeof handling administrative violations mustcomply with the provisions of law on statebudget. Article 42.-Deprivation oftherighttousepermits andpractice certificates 1. Deprivation of the right to use permits and practice certificates isanadditional sanctioning form appliedin addition to theprincipal sanctioning form in thefollowing cases: atActsof violation specified in Article 19of this Decree and SUbject to an average fine of more than VND 10,000,000. bl Acts of violation specified in Articles 20 and 21 of this Decree and subjectto an average fine of morethanVND5,000,000. 2. Persons with administrative violation sanctioning competence maydeprive violators of the right to usepermits and practice certificates. Within 3 daysfromthedateof issuance of anadministrative violation-sanctioning decision, theissuershallnotify the permit- and practicecertificate-granting agency of the application of the sanctioning form of deprivation of the right to use permits and practice certificates. 3. Procedures for deprivation of the right to use permits and practice certificates comply with the provisions of Article 59 of the Ordinance on the Handling ofAdministrative Violations. Article 43.- Handling of cases of violation with written records madeby forestowners 1.Persons committing actsof illegally exploiting forests shall behandledundertheprovisions ofArticle 19of thisDecree. 2.Confiscated forestproducts shallbereturnedto forest ownersin the following cases: a/Forest owners catch violators red-handedintheir forests. bl Forestownersdo notcatchviolators re-handed but have sufficient grounds to prove that forest products concerned belong to their planted, tended andprotectedforest plantations orregenerated forests. Article 44.- Disposal of material evidences and meansinvolved in admittistrative violations 1.Seizedmaterial evidences andmeansinvolved in administrative violations: For material evidences that are fresh and live articles, weak and wounded forest animals not of groupIB or otherfresh forestproducts not of group © VIETNAM LAW & LEGAL FORUM Issuenas 11·12/0ctaber 2007 (Gong Bilonos 766-767/November 9,2007) OFFICIAL GAZETTE 41 lA, persons withsanctioning competence shallmake written records andpromptly organize thesalethereof at the prices prescribed by provincial-level People's Committees. Theproceeds shallbedeposited instate treasury accounts. If the material evidences are later confiscated under decisions of competent persons, theseproceeds shall bepaidintothestatebudget after subtracting related expenses according to the provisions of law. If thesematerial evidences arenot confiscated, the proceeds shall be returned to their lawfulowners, managers or users. 2. Forconfiscated material evidences andmeans involvedin administrative violations: a/ The Ministry of Agriculture and Rural Development shall provideguidance on disposal of confiscated material evidences thatareforest animals. b/lfaviolatorvoluntarilypaysacashamount equal tothevalue ofconfiscated forestproducts (attheprices prescribed by provincial-level People's Committees), theperson withsanctioning competence shall collect thecashamount, remitit to a statetreasury andreturn the confiscated forest products, excluding those of endangered, precious and rare species of groups IA and IE andforest products to be handled under Point a, Clause 2 of thisArticle. d For confiscated meansof poor quality or with anexpireduseperiod asprescribedbylaw, provincial level forest protection departments shall, in coordination withthefinance agency ofthesame level and concerned agencies, make written records and organize the salethereofas scrapsor the destruction thereof. d/ Forconfiscated material evidences andmeans involved inadministrative violations otherthanthose prescribed in Clause I or at Points a andb, Clause 2 of thisArticle, theyshallbe disposed of as follows: Within 5 working days from the date of confiscation intostatecoffer.ofmaterial evidences and means involvedinadministrative violations, theagency thathasissued the confiscation decision shall sendthis decision to thefinance agency of the samelevel; Within 10working daysfromthedateofissuance of a decision to confiscate material evidences and means involved in an administrative violation, the .provincial-level forest protection department shall, in coordination withthe finance agency of the same level and concerned agencies, organize an auction within a month. Pastthisperiod, if noneor onlysome of the invited coordinating agencies participate in organizing the auction, the provincial-level forest protection department shallorganize the auctionon its own, remit the proceeds in a state treasury, then notifythe finance agency of the samelevel thereof. e/ For provinc!'•• and districts without a forest protection agency, confiscated forest products shall betransferred tothefinance agencyof thesame level for saleaccording to currentregulations. Article 45.- Compliance with administrative violation-sanctioning decisions I. Afterissuinga sanctioning decision the person with sanctioning competence shall deliv1!!li it to the sanctioned personor notifysuch person10 come to receive it.Pastoneyear, if theperson withsanctioning competence cannotdeliver the sanctioning decision tothesanctioned person, he/sheshallissueIt decision toterminate theexecution ofthedecision with respect to suchperson,exceptfortheconfiscation of material evidences and means involved in the admifilstrati17e violation. 2. Within 10 days Iruni lit" date of receipt of 11 sanctioning decision, the individual or ~zation thatis sanctioned far anadministrative vio\;>pon shall comply withthesanctioning decision, exceptfareases eligible for postponed compliance with Mlnctioning decisions specified inArticle 65 ofthe Ordinance on theHandlingof Administrative Violations. 3. If an individual or organization commits an administrative violation in an administrative unit within oneprovincebutresidesor isbasedin another province and has no conditions for complying with the decision ill tit" place where his/her/its administrative violation is sanctioned, the decision shallbe transferred totheagency of the samelevelof the locality where the individual resides or the organization is based for organization of implementation. If thereisnosuchagency ofthe same © VIETNAM LAW & LEGAL FORUM 42 OFFICIAL GAZETTE lo.uo no011·1210clobor 2007 (C6ng BaD n05 766-7671N0vember g, 2007) level in the locality where the individual resides or the organization is based, the sanctioning decision shall be transferred to the district-level People's Committee fororganization of implementation. If a violation occurs in a mountainous or island district in a province or in a remote or isolated area with difficult travel conditions, and the violating individual or organization has no conditions for complying with thesanctioning decision in theplace where his/she/its violation is sanctioned, the sanctioningdecision shall be transferred totheagency ofthesamelevel of the locality where the individual resides crr1f.eorganization is based fororganization of implementation. 4.Incaseofimposing afine onthe violator without confiscating his/her vehicle, the person with sanctioning competence may temporarily keep the vehicle oireulation permit, the driving license and other related necessary papers or temporarily seize the vehicJl" involved in the violation till all persons whoaresenctionedin thecaseofviolation completely comply wifh thesanctioning decision. Temporary seizure of vehicles involved in administraive violations to ensure compliance with sanctioning decisions mustberecorded insanctioning decisions, andwritten records of temporary seizure of operatnrs' or owners' vehicles must be made, specifying thereason for the temporary seizure. The temporary seizure of a vehicle will last until the violator completely complies with the sanctioning decision irnmediately after the sanctioned violator completely complies with the sanctioning decision, theperson with sanctioning competence shall return thevehicle to the violator. Articl» 46. Enforcement of administrative violation-sanctioning decisions 1. After the period for compliance with an administrativeviolation-sanctioning decision specified inClause 2,Article 45ofthisDecree, theviolator who fails to voluntarily comply with the sanctioning decision shall be forced to comply with thedecision. 2. Enforcement of administrative violation sanctioning decisions complies with theprovisions of Articles 66 and67 of theOrdinance on theHandling of Administrative Violations and the Government's Decree No. 3712005/ND-CP of March 18,2005, stipulatingprocedores forapplyingmeasures toenforce administrative violation-sanctioning decisions. Arlicle47.- Transferofdossiers ofcases ofviolation wi111 criminal signs forpenal liability examination 1.Whenexamining acaseof violation in orderto issuea sanctioning decision. if finding thattheactof violation concerned shows criminal signs, the responsible person shall initiate a criminal case or immediately transfer the dossier of the case to a competent criminal proceeding agency. It is strictly prohibited to retaincasesof violation with criminal signs foradministrative sanction. 2. For a case against which an administrative 'Violation-sanctioning decision hasbeenissuedbut is laterdetected to havecriminal signsand stillwithin the statute of limitations for penal liability examination, the person who has issued the administrative violation-sanctioning decision shall cancel thisdecision and, within three daysfrom the dateofcancellation, transfer thedossier toacompetent criminal proceeding agency. 3. Criminal proceeding agencies may not refuse to receive dossiers in thecases specified inClauses 1 and2ofthisArticle. If there are sufficient grounds to deteunlne that acts of violation do not constitute a crime, theyshall complete allprocedures according to Article 63 of the Ordinance on the Handling of Administrative VIOlations andotherlegalprovisions, and return the dossiers to competent agencies for administrative sanctioning. Chapter VI COMt'LAlNTS, DENUNCIATIONS, AND HANDLING OF VIOLATIONS Article 48.-Complaints anddenunciations Complaints anddenunciations shall belodged and © VIETNAM LAW & LEGAL FORUM Issuenas11·12/0ctaber 2007 (C6ng Bao nos 766-767/November 9,2007) OFFICIAL GAZETTE 43 settled in accordance with the Law on Complaints andDenunciations. Article 49.-Handling of violations committed by persons withcompetence to sanction administrative violations Persons with competence to sanction admirtistrative violations whoharass. failtopromptly or improperly sanction administrative violations, cover up violators, impose sanctions ultra vires, appropriate orillegally usemoney, material evidences and means involved in violations, or intentionally obstruct production and circulation of commercial forest products, shall, depending on the nature and severity of theirviolations, be handled or examined forpenal liability; if causingdamage, theyshallpay compensation therefor in accordance with law. ChapterVll IMPLEMENTATION PROVISIONS Arttcle 50.- ThisDecreetakeseffect IJ daysafter its publication in "CONG BAO" and replaces the Govemment's DecreeNo. 13912004/ND-CPofJune 25,2004,onsanctiorting of admirtistrative violations in thedomain offorest management, forest protection and forestproduct management. Actsofadmirtistrative violations in thedomain of forest management, forest protection and forest productmanagement which aredetected andrecorded before the effective date of this Decreeand are not handled yetshall be sanctioned undertheprovisions of thisDecree. For acts of violation subject to sanctioning decisions which havebecomeeffective butareyetto be complied with or have not yet been completely complied with, these sanctiorting decisions mustbe stillcomplied with. Article51.· TheMirtistryofAgriculture andRural Developinern shall organize, direct, and prescribe urtified paperforms tobeusedby theforest protection force nationwide for the implementation of this Decree. It shall provide guidance on any problems arising in thecourse of implementation forconsistent settlement in accordance withlaw. Article 52.- Ministers, heads of ministerial-level agencies. heads ofgovernment-attached agencies and presidents of People's Committees of provinces and centrally run citiesshallimplement thisDecree. OnbeJudfofthe Government Prime Minister NGlJYJ<:N TAN DUNG