Decree No.17/2002/ND-CP amending and supplementing a number of articles of the Government’s Decree No. 77/CP on sanctions against administrative violations in the field of forest management and protection and forest product management

fJo. l1 (22-3-2002) No. 12 (~11-3-2002) DECREE No.17/2002/ND·CP OF FEBRUARY 8, 2002 AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE GOVERNMENT'S DECREE No.77/CP OF NOVEMBER 29, 1996 ON SANCTIONS AGAINST ADMINISTRATIVE VIOLATIONS IN THE FIELD OF FOREST MANAGEMENT AND PROTECTION AND FOREST PRODUCT MANAGEMENT THE GOVERNMENT Pursuant to the Law on Organization of the Government of December 25, 2001, Pursuant to the Law on Forest Protection and Development of August 12, 1991; Pursuant to the 1999 Penal Code; Pursuant to the Ordinance on Handling of Administrative Violations of July 6, 1995; At the proposal of the Minister of Agriculture and Rural Development, DECREES: Article 1.- To amend and supplement a number of articles of the Government's Decree No, r?ICP of November 29, 1996 on sanctions against administrative violations iry the field of forest management and protection and forest product management as follows: 1. To amend and supplement Article 4 as follows: "Article 4.- Illegal deforestation means an act of felling or slashing and burning forests and all other acts not permitted by competent State agencies or permitted but carried out in contravention of the permits, thus causing damage to forest of any type, which shall be sanctioned according to the following levels: '/. A wam1r1g 01 ,:; fme of between VND 100,000 and VND 200,000 for o:ie o~' the following acts of violation: al Destroying production forests, up to 0.02 ha. bl Destroying protection forAsts, up to 0.01 ha. cl Destroying special-use forests, up to 0.007 ha or equivalent in find with the:, concrete values as follows: • Cornrr1on t1rnber. fir up to 0.2 rn 3 of log t1mb8:. Firewuod, for up to 1 stere. • Otller forest products with a value of up to VIJD 10(1,000 (according to the local market prices) 2. A fine of from over YND 200,000 to VND 500,000 for one of tile following acts of violation: a/ Destroying production forests, from over 0.02 ha to 0.1 ha. bl Destroying protection forests, from over 0.01 ha to 0.05 ha. cl Destroying special-use forest, from over 0.007 ha to 0.03 ha or equivalent in kind with the concrete values as follows: •· Common timber, from over 0.2 m3 too 5 m3 of fog timber. ·· Firewood, from over 1 st:ere to 4 $teres. ·· Other forest product$ with a vahJe of between VND 100,000 and VND 500,000 (according to the local m~r~et prices). 3. A fine of frorn over VND 500,000 to VND 2,000,000 for one of the following acts of violation: al Destroying ptoduction forests, from over 0.1 ha to 0.2 ha. b/ Destroying protection forests, from over 0.05 ha lo 0.1 ha. c/ Destroying special-use forests, from over 0.03 ha to 0.07 ha, or equivalent in kind with the concrete values as follows: ·· Common timber, from over D 5 m 3 to 1 m3 of log timber ·· Precious and rare timber, up to O 5 m3 of log timber ·· Firewood, from over 4 steres to i o steres. Ott1er forest products with a value of between VND 500,000 and VND 2,000,000 (according to the local market prices). 4. A fine of frorn over VND 2,000,000 to \/ND 10,000,000 for one of the following acts of violation: al Destroying production forests, from over 0.2 ha to 0.3 ha. b/ Destroying protection forests, from over 0. ·1 ha OFFICfAL GAZETTE No. 11 (22-3-2002) No. 12 (31-3-2002) to 0.2 ha. c/ Destroying special-use forests, from over 0.07 ha to 0.1 ha, or equivalent In kind with concrete values as forlows. Common timber, from over 1 m3 to 5 m3 of log timber. Prec;ious and rare timber, from over 0.5 m3 to 2 m3 of log timber r:irewood. from over 10 steres to ;25 steres. .. Other forest products With a value of between VNO 2,000,00Q and VND 10,000,000 (~ctording to the local market prices). 5. A fine of from ovet VNO 10,000,000 to VND 20,000,000 for one of the following acts of violation: a/ Destroying production forests, from. over O 3 ha to 1.5 ha. b/ Destroying protection forests, from over 0.2 ha to 0.3 ha. c/ Destroying spfcl~i~t,.1se forests, from over o. 1 ha to 0.2 ha, or equiv~lent in kind wlth values as foltows: Common timber, from over 5 m3 to 8 m 3 of log timber. + Precious attd rare timber, from over 2 m3 to 4 n, 3 of log timbeL Ffrewood, from over 25 steres to 30 ~teres. Other forest products with a value of between VND 10,000,000 and VND 20,000,000 (according to tr1e local market prices). 6. Persons who commft acts of violation prescribed in this Article shall, in addition to warning or fines, also be subject to the following additional sanctioning measures a/ Confiscation of forest products means and/or instru met'ts already used for committing the ad mini·strative violations. bl Forcible reforestation or payment of the ·eforestation costs. 2, To amend and supplement Artiofe 5 as follows: "Articfe 5.- Illegal exploitation of forests means acts of felling forest trees or exp lofting forest products without permission of competent State agencies or in contravention of the regulations on forest exploitation management, which shall be sanctioned as fctlows: 1. Warning or a fine of between VND 100,000 and VND a00,000 for one of the following acts of violation al Illegally exploiting forest products in production forests: • Common timber. up to 0.!1 m3 of log trmb$r. Y:irewood, up to 2 stere. Other forest products with value of up to VND 300,000 (according to the local msrket prices). bl Illegally exploiting forest products in protection forests: Common timber, up to 0.3 m3 of!og timber. Firewood, up to 1 stere$. Other forest products with a value of up to VND 200,000 (according to the local m~rket prices), 2 A fine of from ovi,:!r VNb 200,000 to VND 500,000 for bne of the following acts of violation: e/ HlegaHy exptoitlng forest products in production forests: Cornman timber, from over o. 5 m3 to 1 m3 of log timber. • Firewood, from over 2 steres to 8 steres. Other forest products with a value of from over VND 300,000 to VND 1,500,000 (according to the local market prices}. bl ll18gally explotting forest products in protection forests: Common timber, from over 0.3 m 3 to 0. 7 m 3 of log timber. Firewood, from over 1 stere to 5 steres. Other forest products with a value of from over 7. Tile confiscation of forest products, means and/ Jr ;'nstruments used in the administrative 11ioiations i1·esc1·ibed at Point a, Item 6, ClaLse 1 of tnis Article hail co1T.pi)' with tile provisio,-os of item 12, ClatJse , 1\r-:c!e 1 of this Decree." Vi'W 2U0,000 to VND 1,000,000 (according to the local market prices). 3. ,\ fine of from over \/1\'0 500,000 to vt,o 2,000,000 l'or one of t:1e fo /owing acts of vio!.:;;Jion: No. 11 (22-0-2'u'u2) No. 12 (31-3-2:002) OFFICIAL GAZETTE aJ Illegally exploiting forest products in production forests: a/ l!!egally exploiting forest products in production forests: Common timber, from over 1 m3 to 3 m3 of 109 timber. Commori timber, from over 1 0 m~ to 15 m3 of log \imb~. Precious and rare tirn ber, up to 1 m 3 of 10!'. ? timber. Firewood, from over 8 steres to 20 steres • Other forest products with a value of from over VND 1,500,000 to VND 6,0◊0,000 (according to u1e loc;;I market prices). bl Ulega!Jy exploiting forest products in protection forests: ~ Common limber, fron'I over 0. 7 mj to 2 m3 of log timber • Precious and rc;1re timber, up to 0.7 m 3 of log limber. ~ Firewood, from over 5 steres to 15 steres. • Other forest products with a vah.;e of from over VNO 1,0bQ,000 to VND 4,000,000 (aq::Ording to the lot.al market prices). 4. A fine cif from over VND 2,000,000 to VND 10,000,000 for one of the following acts of violation: i3/ Illegal/~ exploiting forest products in production forests: Common timber, from over 3 m3 to 1 O rn 3 Of log timber. Precious and rare timber, from over 1 m 3 to 4 m'.t of Jog timber. Flrewood, from over 20 steres to 3 0 $teres · Other forest products with a value of from over VND 6,000,000 to VNO 25,000,000 (a.ccording to the !otc1\ market prices). b/ IUegaJJy exploiting forest products in j'.lrotection forests: Common timber, from Over 2 m3 to 6 rff1 of Jog timber. Precious arid rare timber, from over 0. 7 m3 to 3 m3 of log timber. Firewood, from over 15 steres to 25 steres. Othb'r forest products with a value of from over WW 4,000,000 to VND 15,000,000 (according to the local market prices). Precious and rare timber, from over 4 rn 3 to 1 rn:.J of log timber. • Firewood, from over 30 steres to 50 steres Other forest products with a value of from over VN D 2 5 ,ooo, ooo to VND 50 000, 000 (according to the 1ot:al rnarkl3t prices). bl ll!egally ~xploifing forest products in protectran forests: Common tirnber, from over 6 m3 to 1 0 m1 of !og timber. · . Precious and rare titnber, from over 3 m 3 to s m 3 of log timbet. Firewood, from over 25 steres to 40 steres. Other forest product.s w/tt, :irvatua of from over VND 15,000,000 to VND 1t\00b,oOO (according to the local market prices). 6. Iii case of illegal exploitation of young forest trees, each of which cannot be calcu!ated in cubic meter, the destroyed forest area shall be measured aiid such ad shall te handled like the act of "illegal defore5taUon" prescribed at Clause 1, Artrtle 1 of this Decree; in cases of exploitation of scattered trees for which the destroyed forest area cannot be caiculated, the total number of felled trees shall be measured ir, steres and converted Into cubic meters, and depending OP the type of the i!Jega fly ~xploited timber, the violation shall be handled according to the provisions of ften1 1. 2, 3, 4 or 5, Clause 2, Article 1 of this Decree. r Persons who commit acts of exploiting forest products involving 2 or more types of tirnber (c0mrnon and precious and rare} with the :otal volume exceeding the m,JY1r11um l~v~ ,1 for comnion timber prescribed at Points a and b, !tern 5, Cl:wse 2, Article 1 of this Decr,:e, shaU be examined for penal liahUity. 8. Persons wl1 o comm it acts of violation pre5cribed this Article sl1all, in addition to warning or fines, be subject to the application of the following additional sanctioning measures: al Revocation of their forest pmduct-exp!oitation 5 A fo,e of from over VND 10,000,000 to Vt,!O 20,000.000 for one of the foliowing 2cts of violation. permits, bl Ccnfisu,tiori of forest products, means 2rcJ/or OFFICIAL GAZEtTE No. 11 (2rl-3-2002) No. 12 (31-3--2002) instruments used for committing the administrative violations. 4. Persons who commit acts of violation prescribed in this Article shall, in addition to warning or fines, be subject to the foltowing additional sanctioning mea$ures: c/ Forcibfe reforestation or payment of the reforestation costs. 9. The revocation of forest product-exploitation permits prescribed at Point a, ftem 8, Clause 2, Article 1 of this Decree shall be effected under dectsions of the persons competent to handre administrative vio!ations, The confiscation of forest products, means and/or instruments used in the administrative viol~tions prescribed at Point b, Item 8, Clause 2, Artfc!e 1 of this Decree shall comply with the provisions of Item 12, Clause 9, Article 1 of this D1;cree." 3. To amend and supplement Article 6 as folfows: "Article 6.- Acts of illegally slashing and burning forests for mllpa farming beyond the prescribed area, thus causing damage to forest of any type shall be si:anct,oned as fottows: 1 Warning or a fine·af between VNO 100,000 and VND 200,000 for one of the following acts of violation: a/ Slashing and burning production forests, up to 0.1 ha. bl Slashing and burning protection forests, up to 0.05 ha.. cl ;:Hashing and burning special-use forests, up to 0 02 ha 2. A fine offrom over VND 200,000 to VND 500,000 for one of the following acts of vlofation: a/ Sia$hlr19 and burning production forests, from over 0.1 ha to 0.3 ha. b/ Slashing and burning protection forests1 from over 0. 05 ha to 0.1 ha cl Slashing and burning special-use forests, from over 0.02 ha to 0.05 ha. 3. A fine of from over Vf✓ D 500,000 to VND 1,000,000 for one of tile following acts of violafiJn: a/ Slashinq c:'nd burning production forests, from over 0.3 ha to 0.5 ha. hi Slashing and burning prctection forests, from 0'1.sr 0.1 ha to 0.2 ha ,::/ Slashing and burning :pe::is.I-use for,2si.s, from · ,,2r O 05 ha to 0.1 ha a/ Confiscation of forest products, means and/or instruments used for committing administrative violations. bl forcible reforestation or payment of the rerorestaticm costs. 5. rhe ccrtfiscation df forest products, means and/ or instruments used fn the administrative vldfations prescribed at Point a, Item 4, Clause 3 of this Article shall comply with the provisrons of ltem 12, Clt,tuse 9, Article 1 of this Decree." 4. To amend and supplement Article. 7 as follows: "Article 7.- Violations of the regulations on forest fire prevention and fight means acts of breaching tl1e regulations on forest-fire prevention and fight or causing forest fires, which shall be savct1on$d as follows: 1 Warning or a fine of between VND 50,00d and VND 200,000 for one of the following act$ of violation: al Setting a fire in forests where it is so banned. bf 8ringing explosJVes C!nd/or inflammables into forests where it is so banned. di throwing or discharging burning ash into forests wnere it is so banned. 2. A fine of between VND 500,000 and VND 2,000,000 on forest owners who violate laWprovisions on forest fire prevention and fight. 3. A fine of from over VND 200,000 to VND 2,000,000 for an act of causing damage to the area of forest of one of the foHowing types: a/ Production forest, up ta 0 2 ha. bl Protection forest, up to O 1 ha. cl Special-use forest, up to 0.05 ha. 4. A fine of from over VND 2,000,000 to VI\ID 10,000,000 for an act of causing damage to the area of forest of one of the following types: a/ Produc..tion forest, from over 0.2 ha to 0.5 ha. bl Protection foi-est, from over 0.1 ha to 0.3 ha. cl Special-use fo1·est, from over 0.05 ha to 0.2 No. 11 (22-3,2002) No. 12 (31-3-2002) OFFICIAL GAZETTE ha. 5. A fine offrom over VND 10,000,000 to VND 20,00Q,000 for an act of causing damage to the area of forest of one of the following types: planted forests, newly rep/anted forests, forests zoned off for rsgeneratlon, :;;pecia!-use forests where the grazing of cattle is prohibited. 2. Persol'iS who commit acts of viola tton prescribed in this Article shall, in addition to warning or fines, be subject to the ftrcible reforestaticm or payment Of- the reforestation costs." a/ Production forest, from over 0.5 ha to 1 ha. b/ Protection forest. from over 0.3 ha to 0.5 ha. ct Special-use forest, from over 0.2 ha to 0.3 ha. a. Persons who commit acts of vl-o!ation prescribed in this Article shall, rn addition to warning or ffnes, be subject to the forcible reforestation or payment df the reforestattqn costs." 5. fo amertd and supplement Article 8 as follow$: ,;Article 8.~ Violations of the regulations on prevenµon and elimination of harmful forest insects and diseMes ffit!MS acts Of f9 iling to fulfy follow measures to prevent and eliminate harmful forest insects and diseases by forest owners, which shall be sanotioned as follows: ,1. Warning or a fine of between VND 200,000 and VNO 2,000,000 for one of the fo!fowing acts: al Failing to check and detect in time harmful forl"!st insects and/or diseases by forest owners. bl Failing by forest owners to organize the elimination of harmful forest insects and/Cir" diseases and/or to report theri;ton to the cornpetent aqertGy for handling upon the detection thereof. 2 . . i\ fin$ of from ov~r VN D 1 Od, 000 to VND 1,D00,000 for a forest tiwner who uses forest ins ec Heid es not on the Sta te--pres cribed list prescribed. 3. Persons who commit act.!:i of viol-3tion p'"<3scribed in this Article shall ,n addition to warni11'.:1 or fines, be sub;ect to tr1e forclble overcoming of consequences ca used DY such insects and/or disAases." 13. To a nNn d and s- up p le rnen t Artic./G, 9 ,1s folio V,1S; "A 11i c 11} 9. • / I legally g razi rig ca !tie in forests means acts of grazing cattle in forests where it is so proh(bited, which shall be sanctioned as follows: 1. Wcrnir19 or a fine of betwe2n Vh'D 50,0OD to VIID 200,000 for an act of gra.:::i!lg cattle in newly 7. "'to amend and s:upplement Article 10 as follows: ''Article 10.- Violations of the regulations on wild animal protection means ads of hunting, catching ki!ling, purchasir1g, selling, storing, raising in cages, transporting or usirtg preciQus and rare as well as common wild animals (indudiru~ products thereon originating from the nature without permission of competent State agencres or with perrni$sio:n but in vio!ation of the regula\icns on wild animal management regirrte, which shall be sanctioned a~r fo(tows: 1. Warning or a fine of between VND 100,000 and VND 500,000 for one of the toHowing acts: a/ Hun ting, Catching, purchasing, se\lln g or transporting wild animal$ without permits issued by the competent State agencies. b/ Using methbds and/or instruments of destructive nature such as guns, toxic matters, explosives, .voltage impulse, nets, rnagnetic tapes ... for hunting and catching. 2. Warning or a fine of from over VND 500,000 to VND 1,000,000 for one of.the following acts: al Hqnting and catching wild animals in no--hunting areas. b/ Hunt:ng and c11tching wild animals during no~ hunting tbreeding) season. 3, A fine of from over VND 1,000,000 tCi VND 5,000,000 tot an act of hunting, catching, ki!!ing, purchasin9, setli11g 1 storing, raising in cages, transportinr:; a u::;ing precious and rare as well as common wild animals (including products thereof) as follows. a/ Common wild animals with a value of up to VND 10,000,000 (according to local market prices) bl Precio1.1s and rare wild animals (group 118) with a value of up to VPD 5,000,000 (according lo local market prices) OFFICIAL GAZETTE No. 11 (22-3-2002) No. 12 (31-3-2002) c/ Insects with the number of samples ranging from 50 to 500. 3 and 10, Clause 9, Article 1 of this Decree. . 8 Persons who commit acts of violation prescribed in this Article shall, in addition to warning or fines, be subject to the followin9 addttional sanctioning measures: 4. A fine of from over VND 5,000,000 to VND 15,000,000 for an act of hunting, catching, kilting, purchasfng, selling, storing, ca~e-rn1sing, transporting or usi1ig precious and rare as weH as common wild c1nima1s (includ1ng prooucts thereof) as follows: al Common wild animals with a value Of from over VNO 10,000,000 to VND 25,000,000 (according to focal market prices). bl Precious and rate wild anfmals (group 1/B) with a value of from uver VND 5,000,000 to VND 15,000,000 (according to local market pnces) c/ fnsects with the number of samples ranging from over 500 to 1,000. 5 A fr/'le of from over VND 15,000,000 to VND 35,000,000 for an act of hunting, catching, killing, purchasing, selling, storing, raising in cages, trar\sporting or u$ing prec\ous and rare as well as common Wild ani~/s {i(!Cfl,lding products thereof) at follows: al Common wi.ld aoimals with a valwe of from' over VND 25,000,000 to VNO 50,000,000 (accdrding to local rhar~et prices}. bl Precious and r~re wild anim91s (group 118) with a vc11ue cf from over V,ND 15,0QO.OQO to VNO 30,000,000 (according to local market prices) cf Insects with the numb$r of samples ranging from over 1,000 to 2,000. 6 A fine of from over VND 35,000,000 to VND 50,000,000 for an act of hunting, catching, killing, purchasing, selling, storing, raising in cages transporting or using precious and rare as well as common wild animals (includ[ng products thereof) as follows: a/ Common wild aniinals with a value of from over VND 50,000,000 to VNO 70,000,000 (according to local market prices). bf Precious and rare wild animals (group 11B) with a value of from over VND 30,000,000 to VND 50,000,000 (according to local market prices) c/ Insects with the number of samples ranging fro,11 over 2,000 to 3,000. a/ Stripping of the right to use permits for hunting, catching, transporting, or papers on business registration of, wild animals bl Confisc;ation of rnaterial evidences, mearns and/ or instruments us~cl'for committing administrative violations. cl Revocation of business permits: for business establishments and '.3pecialty food restaurants which offer foods from meat of precious and rare as well as common wild animals (origihating frcm the nature). 9. The revocc1tion of permits prescribed ~t IPointi~ a arid c, Item 8, Clause 7 of this Article shall be~ effected as follows: Rega'rding papers not grant~d by the ranger offices, the ranger offices handling the violation~ $hall have to make records thereof and pqss them to the competent State ageride!;I for, is1?uance of r~vooation decisions. Regardirlg papehr granted by tne rarger offices, the provincial-level ranger offices shall i$sue the revocation decisions. The confiscation of material evidences, means a11d/or instrument$ used for committing administrative -, :i;llations prescribed at Point b, Item 8, Clause 7 of this Article shal! comply wfth the provisions of Item 12, Clause 9, Article 1 of this Decree." 8. To amend and supplement Artie!~ 11 as follows: •Artie!~ 11 . ., Causing darnage to forest land means acts df diggirtg, mine-,9xploding, excavating fotest land for soil and/or stones. making embankments that obstruct water sources for living, or discharging waste water ancJ/or toxic matters into forest land with1out permissi'Hi of competent State agencies, which shall be sanctioned as follows: 1. Warning or -a fine of betvveen VND 100,000 and Vf\JD 500,000 for an act of digging or mine exploding, thus causing damage into forest land. 7. The Jparators or owners of transpcrt n1eans used for the illegal tr211spo1iation of wild a'limals shall !Jr::: h;:;n,j/ed according to the provisions of Items 1, 2. 2. A fine of from over vr:o 500,000 to Vf\!D 2,000,000 for an act of excavating forest land for soil a ndlor stones, making ern;Jan !~me nts that No. 11 (22-3-2002) No. 12 (31~3-2002) OFFICIAL GAZETTE obstruct water so wees fot living, or discharging waste water to forest land, thus causing natural Imbalance, destroying tti.e fo(est e<.Ql.<!.gical eMimr.ment 3. A fine of between VND 2,000,000 and VND 10,000,000 for an act of discharging, burying or putting toxic matter$ (nto forest land. 4. Persons who commit acts of vlohtfon prescribed In this Artie!!;! shall, in addition to Warning or fines; be subject tq the following aqd(tiona( sanctioning measures: al Confiscation of means and/di" jnstrumenis us¢o for committing the administrative violalio s, which sh.Ill comply with the prov/SJons of Item 12., Clause 9, Article 1 of this Decree. b/ Forcible overcoming of the consequences or payment of the costs therefor c/ If causing darna,ge to the forest, they shall also be handled according to Clause 1, Article 1 of this Decree 9. Article 12 is ·amehded! supplemented and divided into two artictes as follows: • Article 12a.- H!egal transportation of forest products means acts of transpmting common or precious and rare forest products by means operators or owners for themselves or fo1· other persoris Without the Jaw-prescribed vouchers or with /awful vouchers but different size or type of products or exceS~ive volume (according to the prescribed percehtages) as cd m pated to the fore sl product-tran sportatlon vouchers wtiith shall be sanctioned as follows: 1 Warr1ing ot a fine of between VND 100,000 and VNO 200,000 for an act of illegally transportlng forest products by operators or owner of n1dimenfary vehicles or animal drawn-c$rts 2. A fine of from over VND 200,00G to VNO 2,000,000 for an act of illegal transportation of forest products by operators or owne~s of "cong nong" (rudimentary mini-trucks), automobiles, trains, ships, motorbikes or boats. 3. A fine of from over VND 2,000,000 to \/ND 5,000,000 for one of the following acts committed by illegal transporters of forest produc..ts: double-roof carts to hide forest products. cl Using four-setat cars, tourist cars, passenger cars or other special-use cars to illegally transport forest products. d/ Taking advantage of goods transportation to hide forest products under t'na goods. 4. warning or a fine of between VNO 1 do,ooo and VND 200,000 on forest product owner$ fo:· acts of organizing or participating ln the transportation of forest prcd! Jcts of !tie fo!lowing types: at Common timber, up to o 5 m 3 of (og Umber. bl Pree/our~ and rare timber, up to 0.1 mj of log timber. cl Firewood, wp to 3 steres. di Other forest product$ with a va/!Je of up to VND 1,000,000 (accmding to toca) market pri~s). 5. A fine of from over VNO 200,000 to VNO 2,000,000 on forest product owners for acts of organizing or participating in the transportati~n1 of forest products of the fol/owing types: al Common timber, from O\/er 0.5 frr1 to 2 tn:l of log timber. b/ Precious arid rare timber, from ovet Ct 1 m::l to 1 m 3 of log timber. cl Firewood, from over 3 steres to 15 steres. d/ Other forest products with a value of from over VND 1,000,000 io VND 5,000,000 (accor-ding to local market prices). 6 A finEl of frorn over VND 2,000,000 to VND 10,000,000 on forest product owners for acts of organizing o,- participating in the transportation of forest products of the fcl:owin1J types: a/ Conrnion timber, from over 2 m:1 to 10 m3 of log timbei. bl Pr~cious and rare timber, from over 1 m3 to 4 m3 ot Jog timber. cf Firewood, from over 15 steres to JO steres. c/ Other forest products with a value of from over VND 5,000,000 to Vl\/0 20,000,000 (according to the local market prices) a/ Using fake number plate or having no regist1·ation paper granted by the competent agencr bl Using double-compartmenr., coubie- bottom or 7. A fine of from over VND 10,000,000 to Vl-m 20, o O O, 000 on forest product owners for acts of organ iz.ing or p;; rticipating :n the transportatic-n of nr=i:.lr.lAI (':;A7FTTF No. 11 (22-3-2002} No 12 (31-3-200?\ forest products of the following types: al Common timber, from over 1 0 m3 to i 5 m3 of log timber. b/ Precious and rare timber, from over 4 m3 to 7 m3 of timber equivalent in log. timber. cl Firewood, from over 30 steres to 50 steres. di Other forest products with a value of from over VNO 20,000,000 to VND 30,000,000 (according to local marKet prices). 8. A fine of from over VNO 20,000,000 to VND 30,000,000 on forest product owners for acts of organizing or participating in the transportation of forest products of the following types al Common timber. from over 15 m3 to 20 m 3 of 10g !fmber. bl Pre<;:ious and rare timber, from over 7 m3 to 10 m3 of l09 timber. cl Firewood, from over 50 stere$ to 60 steres. d/ Other forest product$ with a value of from over VND 30,000,000 to VND $0,000,0PO {according to local millrket prices). 9 Forest product owners organizing or participating in the transportation of forest products, whose violations involve two or more types of timber (common and precious qn<i rare) as prescribed at Points a and Q, Item 8, Clause 9 of thls Article with the total volume exceeding the maximum level prescribed at Point a, Item 8, Clause 9 of this Article, shall be examined for penal liability. 10 In cases where the meahs owner or operators illegally transporting forest products cannot prove the forest product owners, such means owners or operators shall be handled as the forest product owners 11. Persons who commit acts of violation prescribed in this Article shall, in addition to warning or fines, be subject to the following additional sanctioning measures: a/ Revocation of sp8cial forest product transport2tion permits or wild animal-transportation permits; !J/ Confi:3cation of timber, fcrest ;:iroducts and :11122:13 1 :3ed for committing the administrative vic!:3l rons 12. The revocation of special forest product transportation permits and wild animal--transportation permits prescribed at Point a; Item 11, crawse 9 of this Article as well as the confiscation of th~ means used for committing admil'listrative violations prescribed at Point b, Item 11, Claus~ 9 of th I$ Article shaft be effected under decisions of· the person$ competent to handle administrative viollations according to current rt!gulations. The cdhffsc;ation of timber and forest ptoducts prescribed at Point b, Item t1, crause 9 of this Al'ticte shall be effected as follows: tf timber and forest products are seized in forests of forest owners (State-run forest farm$, organizations, households and individuals), after recprds and d¢>ssiers on the handling thereof have been fully made,by the ranger offices, they shaH be r~tumed to the. forest owners. The forest owners $hall have to make deductions for setting up funds against deforestation c.md fotest product smuggle, to l;)~ trllnsferred to the rangsr offices according to current resutations. For the seized timber and f()fest products with unidentified origin, if they are illegal and the vidlators cannot be identified, the persons compet~nt to sanction administrative violations shall issu'e the confiscation and handhng dedSioM accordihg to current regulations." 10. To add Article 1.2b as foftows: "Article 12b.- Hlegal purchase and/dr sale of forest products means acts of purchasing, selling ar:dlor storing common and/or precious and rare forest products without valid vouchers or with Valid purchase and/or sale vouchers but different size or' type ot products or with excessive quantity or volume (according to the prescribed percentages.) as compared to the valid forest product purchase amd/or sale vouchers, which sh~lt be sanctioned as follows: 1. Warning or a fine of between VND 100,000 and VND 200,000 on persons for acts of purchasing and/ or selling forest products of one of the following types: a/ Common timber, up to 1 m3 of lo!J timber. bl Precious and rare timber, up to 0.2 m 3 of log timber. cl 1=irewood, up to 5 steres. d/ Otl1er forest products with a value of up to Vf'-10 1,000,000 (according to \ocal market prices). No. 11 {22-3-2002) No. 12 {3)-3~2002) OFFICIAL GAZETTE 2. A fine of from over VND 200,000 to VNO 2,000,000 on persons for acts of participating in the purchase and/or sale of forest products of one of the following types: at Common t!mber from over 1 tn 3 to 5 m 3 of tog timber. b/ Precious afld rare tiinbt::r, fran1 over 0.2 m'.1 t0 1 m3 of log timber. cl FireWbod, from over 5 steres to 20 stet$$. di Other forest products wit11 a value of from over VND 1,000,000 to VND 5,000,000 (according to toes/ market prices) 3. A fine of from over VND 2,000,000 to VND 10,000,000 on pl'!rsons engaged in the purchase and/ or safe of forest products of one of the folfowing ty 6$: al Common timber, from over 5 m3 to 10 m3 of log timber. bl Precious and rarE! timber, from over 1 m 3 to 4 m3 of fog timber cl Firewood, from over 20 steres to 40 steres. di Other fqrest products with a value of from over VNO 5,000,000 to VND 20,000,000 (according. i:0 local market prices). 4 A fine of from over VND 10,000,000 to VND 20,000,000 on persons en,go:1:ged in U1e purchase an di or sale of forest products of one of the fo!lowin-9 types: at Comrnon timber, from over 10 m3 to 18 mJ of Jog timber. b/ Precious and rare timber. frorn over -4 m 3 to 8 m 3 of log timber. cl Firewood, from over 4d steres td 60 steres. di Other forest products With a value- of from over VNO 20,000,dd0 to VND 30,000.000 {according to local market prices). 5. A fine of from over VND 20,000,000 to \/ND 30,000,000 on persons engaged in the purchase and/ or sale of forest products Of one of the fo:iowing types:. a/ Common timber, from over 18 m3 to 25 m3 o' Jog timber. b/ Precious and rare timber, from over 8 rn3 \o i2 rn 3 of log timber. cl Firewood, from over 60 ster ·.:i 70 steres. di Other forest products with a value of from over Vh10 30,000,000 to V!'-!D 50,000,000 (according to local marl<.et prices). 6. Persons engaged in the forest product purchase and/or sale ;nvo!Ving 2 or more types of timber (common and precio:Js and rare) as prescribed at Points a and b, Item 6; Clause 10 of this Article, with the total volume exceeding the maximum level prescribed at Point a, Item 5, Clause 1 o Of this A rtie:le shall be examined for penal liability. 7, Persons who commit acts of violation pre$cribed in tnrs Artidte shall, in addition to warning or fines, be subject to the fo!lowihg additional sanctioning mea$ure Cdnfiscation of forest products and mea/'!S used tor cornmittfng the edmin!strative violations, Which shall compty with the provisions at Item 12, Clause 9, Article 1 of this Decree." 11, To amend and suppl.emen.t Article: "tl a,~ follows: 'Article 13.~ Violations of the regulations on wood and forest product processing: 1. A tine of between VND 1,000,000 and VND 6,000,000 for an act of processing wood and/or forest products for customers without vouchers certifying the lawful origin of those wood and/or forest products. 2. fn cases where the inspection detects that wood and/or forest pr9ducts put into processing are not accompanied with vouche:rs 'proving the lawful $0Ur'ces of exploitation, purchase and sale thereof. they shall be handled according to the provisions o\ Clause 10, Article r of this Decree. 3. Persons who commit acts of violation prescribed in ttli$ Arficfe shall, in addition to fines, have forest products and means used in the administrative violaticms confiscated eccord1ng to \he provisions of Item 12, Clause 9, Article t of this Decree." 12. To ame,HI and supplement Article 23: as followi,: "/.\Jticle 23.- Sanctioning prinGiples: 1. The persons competent lo impose s2nctions, after determining acts of violation and their serlo\Jsness, must baSB thBmse\ves on the. pm\lisions of Clavse 5, Article 3 of the Ordinance on Hand.ling of Administrative Violations and Clauses 1 and 2, Article 3 of the Government's Decree No. 77/CP of November 29, 1996 on sanctions against administrative violations OFFICIAL GAZETTE No. 11 (22-3-2002) No. 12 (31-3-2002} in the field of forest management and protection and forest product management to consider and decide the appropriate forms and levels of sanction .. 2 .An administrative violation shall be sanctioned only once a/ A person who commits many administrative violations .shalr be sanctioned for each of su¢h violations bl If many persons commft th~ same adminis trative violation, each of them shall be sanctioned therefor. If administrative violation$ tali under the handling competence of qne level, such level shart decide on the sanctions. If Qne of the administrative violations falls under the sanctioning competence of the superior level, all dossiers ~MIi be passed over thereto for handling. The decision on sanctiohlng shall comply with the procedures prescribed in Artic;le48 of the Ordihance on Handling of Administrative Violations," 13. To amend a nd supplement Cfause$ t and 2 of Article 2S as totlows: "1 For\'ist products exploited, pt.m:;heissd, sold, stored and/or transported without vouch~rs proving their lawful sources of exploitation, purchase or sale or with lawful vouchers but different Siz:e or type or excessive quantity or volume as comp1:1red to' the vouchers, shall be confiscated for handling according to the provisions of Item 12, Clause 9, /1-rtide 1 df this Oecree. 2 Means (including me :::state-owned means) used for illegal transportation of forest products in the following cases shall be confiscated according to the provisions of Item 12, Clause 9, Article 1 of this Decree. a/ Committing violations in an orgarnzed rt1anner committing many vioiations or relapsing 1n the same violation, opposing officials on duty, intentionally passinrJ througl1 ranger stations. bl Transporring common and/or precious and rare wild r.,lants and/or animals (originatiny from the nature). cl Using automobiles with fake number plates or automobiles without registration papei . issued by the competent State agencies; designing double compadment, double- bottom and/or double-roof vehicles in order to hide forest procucts, taking advar:tage of goods transporialion to l1ic!e timber and forest products." 14. To amend and supplement Article 29 as follows: "Article 29.- Complaint and denunciation: 1. Organizations or indivlduals subject to measure$ for prevention of administrative vioration$ prescribed in Articles 38, 39, 41, 42, 43 and 44 of the Ordinartce on the Handling of Administrative Violations or sanctions aQalnst administrative violations in the field of forest management ahd protection and forest product managernent shall have the right to complain with the administrative decision-issuing ager:1cies or agencies of the persons having committed the administrative viorations when they have g:·-;unds to believe that the issuance of oeefslons Oh the application of measures for prevention of such administrative violations contravene the law, infringe vpon tMir legitimate rights and/or interests. 2. All citizens h,we the right to denounc~ to the State agencies law violations in the ffelq qf forest management and protection and forest 'p.roduct management as well as the persons competent to handle administratfve violations. 3. Upon rece1v1ng complaints and/or denunoiatibns from organizations or individuals, the persons competent to handle such complaints and/or denunciations shall have to bas/!! themselves on the Law on Complaints and Denunciations qS well as relevant legal documents to settle them." Article 2.- The Minister of Agriculture and Rura:l developmer1t shall h,ive to guide the implementation of this Decree. Article .J.. This Decree takes effect 15 days after ,ts signing Artic;:es fr:im 4 to 13, Clauses 1 arid 2 of Article 25 and Artie e 29 of Decree No.77/CP of November 29, 1996 cease to be effective. The ministers, thE1 heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People's Co:, , 1ittees of the provinces and centrally-run cities shall have to implem,rnt this Decree. On b1?hali' of 1.he Go1r1?m,i1enr Pri1111:: lliinistt~r 1:.iHAI! V/.~.l':. l0~H .. :;l