Decree No. 35/2019/ND-CP penalties for administrative violations against regulations on forestry

THE GOVERNMENT

Decree No. 35/2019/ND-CP dated April 25, 2019 of the Government on penalties for administrative violations against regulations on forestry

Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law on Forestry dated November 15, 2017;

Pursuant to the Law on Handling Administrative Violations dated June 20, 2012;

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

The Government promulgates a Decree providing for penalties for administrative violations against regulations on forestry.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree regulates the violations, punishments, fines, and remedies against administrative violations; the power to impose administrative penalties and the power to make records of administrative violations against regulations on forestry.

2. Other administrative violations against regulations on forestry which are not prescribed in this Decree shall be governed by other relevant Government's decrees on penalties for administrative violations within the scope of state management.

Article 2. Subjects of application

1. This Decree applies to domestic and foreign organizations and individuals that commit violations against regulations on forestry in the territory of Vietnam; the persons that have the power to record violations and the ones competent to impose administrative penalties in accordance with regulations herein.

2. Organizations mentioned in Clause 1 of this Article include:

a) State agencies committing violations which are not related to their assigned management tasks;

b) Enterprises that are established and operate under the law of Vietnam; branches and representative offices operating in Vietnam of foreign enterprises;

c) Co-operatives and cooperative unions;

d) Public service providers;

dd) Professional organizations operating in the forestry sector.

3. Individuals mentioned in Clause 1 of this Article include subjects that are not prescribed in Clause 2 of this Article.

Article 3. Definitions

In this Decree, the terms below are construed as follows::

1. “Forest ranger” means an official who is in charge of forest management and on the payroll of forest protection authorities.

2. “Vital body parts” mean animal body parts which have specialized functions and the separation of which from the animal body will lead to the death of such animal (e.g. head, heart, skin, skeleton and liver, etc.).

3. “Products of forest animals” mean products which originate from forest animals such as meat, eggs, milk, sperm, embryo, blood, bile, internal organs, skin, fur, bones, horn, ivory, legs and hoofs, etc. or articles whose ingredients are processed or prepared parts of forest animals such as bone glue, handbags, purses and belts made from skins of forest animals.

4. “Regenerating forest without reserve volume” refers to forest composed of trees established through either natural regeneration or assisted natural regeneration with the standing volume of 10 m³/ha.

5. Exhibits and instrumentalities for committing administrative violations include:

a) Forest products which are, exploited, traded transported, stored or processed illegally;

b) Devices, tools and petrol chainsaws of various types used to commit administrative violations;

c) Vehicles, including bicycles, non-motorized vehicles, motorcycles, motor vehicles, vessels, boats, motorboats, barge and other vehicles which are used to commit administrative violations.

6. “Illegally appropriated vehicle" means a vehicle which is stolen, robbed, extorted or appropriated by the violator by abuse of trust or when its legal owner is unable to prevent such act of appropriation, or a vehicle the possession, management or utilization of which is illegally taken by the violator.