VietnameseDecree No. 77/CP dated November 29, 1996 of the Government on sanctions against administrative violations in the field of forest management and protection and forest product management
ATTRIBUTE
Decree No. 77/CP dated November 29, 1996 of the Government on sanctions against administrative violations in the field of forest management and protection and forest product management
| Issuing body: | Government | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Official number: | 77/CP | Signer: | Phan Van Khai |
| Type: | Decree | Expiry date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Issuing date: | 29/11/1996 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Fields: | Administrative violation , Agriculture - Forestry |
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THE GOVERNMENT ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom – Happiness ------- |
No. 77-CP | Hanoi , November 29, 1996 |
DECREE
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 September 30, 1992;
Pursuant to the Law on Forest Protection and Development of August 12, 1991;
Pursuant to the Ordinance on the Handling of Administrative Violations of July 6, 1995;
At the proposal of the Minister of Agriculture and Rural Development,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Scope and objects of regulation:
Vietnamese and foreign organizations and individuals that intentionally or unintentionally violate the State regulations on forest management and protection and forest product management on the territory of the Socialist Republic of Vietnam, whether having caused no damage or having caused damage to forests, forest land, forest products and forest environment but not seriously enough to be examined for penal liability, shall be administratively sanctioned under this Decree and other relevant regulations of the Government on sanctions against administrative violations.
Article 2.- Forest products provided for in this Decree include:
1. Forest timber of various kinds including specious and rare timber and common timber as specified by the competent State agency, and wooden items.
2. Other forest products including forest trees (not included in Clause 1 of this Article), forest animals, either specious and rare or common species, as specified by the competent State agency and products processed therefrom.
Article 3.- Principles for determining the sanction levels:
1. If the administrative violation does not involve aggravating factors and/or extenuating factors, the level of fine shall be equal to the average level in the fine bracket set for such violations; if there are extenuating factors, the level of fine may be reduced but not lower than the minimum level in the fine bracket set for such violations; if there are aggravating factors, the level of fine may be increased but not higher than the maximum level in the fine bracket set for such violations.
2. The following violations shall not be administratively sanctioned but examined for penal liability:
a/ Violations that cause damage exceeding the maximum level of damage caused by violations liable to administrative sanctions, as defined in Articles 4 to 14, Chapter II of this Decree.
b/ Acts of illegal exploitation, hunting, transportation, purchase and sale of precious and rare forest trees and/or animals having special value in many aspects as specified by the competent State agency.
Chapter II
ACTS OF VIOLATION, FORMS AND LEVELS OF ADMINISTRATIVE SANCTIONS
Article 4.- Illegal deforestation is an act of destruction of forests for any purpose without permission of the competent State agency or with permission but not in compliance therewith; the person who commits such acts shall, if causing damage to any type of forest, be sanctioned as follows:
1. A fine of 200,000 to 1,000,000 VND for an act of destruction of:
a/ Production forest: up to 0.05 ha.
b/ Protection forest: up to 0.02 ha.
c/ Special-purpose forest: up to 0.01 ha.
2. A fine of more than 1,000,000 to 5,000,000 VND for an act of destruction of:
a/ Production forest: above 0.05 to 0.3 ha.
b/ Protection forest: above 0.02 to 0.1 ha.
c/ Special-purpose forest: above 0.01 to 0.05 ha.
3. A fine of more than 5,000,000 to 20,000,000 VND for an act of destruction of:
a/ Production forest: above 0.3 to 0.7 ha.
b/ Protection forest: above 0.1 to 0.3 ha.
c/ Special-purpose forest: above 0.05 to 0.2 ha.
4. A fine of more than 20,000,000 to 50,000,000 VND for an act of destruction of:
a/ Production forest: above 0.7 to 1 ha.
b/ Protection forest: above 0.3 to 0.5 ha.
c/ Special-purpose forest: above 0.2 to 0.3 ha.
5. In addition to fine, confiscation of forest products, means used in the administrative violations (hereafter referred to as means of violation), the violator shall be forced to restore the forest or to pay the cost of the reforestation as defined in this Article.
Article 5.- Illegal exploitation of forest is an act of felling forest trees, exploiting forest products without permission of the competent State agency or with permission but violating the regulations on the management of forest exploitation and the management of forest products; the person who commits an act of illegal exploitation of forests shall, depending on the quantity or value of the illegally exploited forest products and each type of forest, be sanctioned as follows:
1. A warning or a fine of 20,000 to 200,000 VND for an act of carrying exploitation tools and instruments into forests without a forest product exploiting permit of the competent State agency or an act of illegal exploitation of production forests: up to 1 cubic meter of common timber; 2st of firewood; other forest products valued up to 100,000 VND (at local market prices).
2. A fine of more than 200,000 to 1,000,000 VND for an act of illegal exploitation in production forests: above 1 to 2 cubic meters of common timber; above 2 to 5st of firewood; other products valued from above 100,000 to 400,000 VND.
3. A fine of more than 1,000,000 to 5,000,000 VND for an act of illegal exploitation of:
a/ From more than 2 to 7 cubic meters of common log timber in production forests; up to 5 cubic meters in protection forests and up to 4 cubic meters in special-purpose forests.
b/ Precious and rare log timber: up to 1 cubic meter (for all the three types of forest).
c/ Firewood: from more than 5 to 20 st.
d/ Other forest products: valued from more than 400,000 to 2,000,000 VND.
e/ Persons who are permitted to exploit forests but who violate the regulations on forest protection in forest exploitation (clearing creepers, cutting trees at prescribed height, clearing forest land after exploitation...) within an area of up to 5 ha.
4. A fine of more than 5,000,000 to 20,000,000 VND for an act of exploitation of:
a/ Common timber: from more than 7 to 15 cubic meters in production forests; above 5 to 12 cubic meters in protection forests; from more than 4 to 10 cubic meters in special-purpose forests.
b/ Precious and rare timber: from more than 1 to 5 cubic meters.
c/ Firewood: from more than 20 to 70 st.
d/ Other forest products: valued from more than 2,000,000 to 8,000,000 VND.
e/ Persons who are permitted to exploit forests but who violate the regulations on forest protection in forest exploitation within an area of above 5 to 15 ha.
5. A fine of more than 20,000,000 to 50,000,000 VND for an act of exploitation of:
a/ Common log timber: from more than 15 to 25 cubic meters in production forests; from more than 12 to 20 cubic meters in protection forests; from more than 10 to 15 cubic meters in special-purpose forests.
b/ Precious and rare log timber: from more than 5 to 10 cubic meters.
c/ Firewood: from more than 70 to 150 st.
d/ Other forest products: valued from more than 8,000,000 to 20,000,000 VND.
e/ Persons who are permitted to exploit forests but who violate the regulations on forest protection in forest exploitation within an area of above 15 to 40 ha.
6. In cases of illegal exploitation in newly grown forest where each felled tree cannot be measured in cubic meter, the destroyed forest area shall be measured and such act shall be considered an act of "illegal deforestation" as provided for in Article 4 of this Decree; in case of scattered exploitation where the destroyed forest area cannot be calculated, the total number of felled trees shall be measured in steres or the equivalent of cubic meters, and depending on the type of illegally exploited timber, the violation shall be handled as stipulated in Clauses 1, 2, 3, 4 and 5 of this Article.
In addition to warning or fine, the violator shall have his/her forest products and violation means confiscated and forfeited of the right to use permits for exploiting forest products as prescribed in this Article.
Article 6.- Illegally burning forest for swiddening is an act of slashing and burning forests for swiddening beyond the prescribed area; the person who commits such acts shall, depending on the extent of damage and type of forests, be sanctioned as follows:
1. A warning or a fine of 20,000 to 200,000 VND for an act of slashing and burning:
a/ Production forest: up to 0.2 ha.
b/ Protection forest: up to 0.1 ha.
c/ Special-purpose forest: up to 0.05 ha.
2. A fine of more than 200,000 to 1,000,000 VND for an act of slashing and burning:
a/ Production forest: from above 0.2 to 0.5 ha.
b/ Protection forest: from above 0.1 to 0.3 ha.
c/ Special-purpose forest: from above 0.05 to 0.1 ha.
3. A fine of more than 1,000,000 to 2,000,000 VND for an act of slashing and burning:
a/ Production forest: from above 0.5 to 1 ha.
b/ Protection forest: from above 0.3 to 0.5 ha.
c/ Special-purpose forest: from more than 0.1 to 0.3 ha.
4. In addition to a warning or fine, the violator shall have his/her forest products and violation means confiscated, and be forced to restore the forest or to pay the cost of reforestation as prescribed in this Article.
Article 7.- Violations of the regulations of prevention and fight against forest fires are acts of violating the regulations on prevention and fight against forest fires or causing forest fires; the persons who commit such acts shall be sanctioned as follows:
1. A warning or a fine of 20,000 to 200,000 VND for an act of:
a/ Making a fire in the forest where fire is prohibited.
b/ Carrying explosives and inflammable materials into the forest where such materials are prohibited.
c/ Throwing or bunging embers into the forests where such things are prohibited.
2. A fine of from more than 200,000 to 1,000,000 VND shall be imposed on a forest owner who fails to fully observe the regulations on measures to prevent and fight forest fires as prescribed by law.
3. A fine of more than 1,000,000 to 5,000,000 VND for an act of provoking a forest fire in:
a/ Production forest: up to 0.3 ha.
b/ Protection forest: up to 0.1 ha.
c/ Special-purpose forest: up to 0.05 ha.
4. A fine of more than 5,000,000 to 20,000,000 VND for an act of provoking forest fire in:
a/ Production forest: above 0.3 to 1 ha.
b/ Protection forest: above 0.1 to 0.5 ha.
c/ Special-purpose forest: above 0.05 to 0.2 ha.
5. A fine of more than 20,000,000 VND to 50,000,000 VND for an act of provoking a forest fire in:
a/ Production forest: above 1 to 2 ha.
b/ Protection forest: above 0.5 to 1 ha.
c/ Special-purpose forest: above 0.2 to 0.5 ha.
6. In addition to warning or fine, the violator shall be obliged to restore the forest or to pay the cost of the reforestation as prescribed in this Article.
Article 8.- Violations of the regulations on prevention and fight against harmful insects and diseases in forests are the forest owners� failure to take adequate measures to prevent and fight harmful insects and diseases, thus causing damage to the forests; the person who commits such acts shall, depending on the extent of his/her violations, be sanctioned as follows:
1. A warning or a fine of 20,000 to 200,000 VND for the damage caused to a forest area of up to 1 ha as a result of such negligence.
2. A fine of more than 200,000 to 1,000,000 VND for the damage to a forest area of from more than 1 to 5 ha as a result of such negligence.
3. A fine of more than 1,000,000 to 5,000,000 VND for the damage to a forest area of more than 5 to 10 ha as a result of such negligence.
4. A fine of more than 5,000,000 to 10,000,000 VND for the damage to a forest area of more than 10 to 20 ha as a result of such negligence.
5. In addition to warning or fine, the violator stipulated in this Article shall be forced to take measures to overcome the consequences caused by harmful insects and diseases.
Article 9.- Illegally grazing cattle in forests is an act of grazing cattle in newly planted forests, newly replanted forests, preserve forests with clear delimitations, special-purpose forests where grazing cattle is banned, thus causing damage to forests; the person who commits such acts shall, depending on the extent of their violations and types of forests, be sanctioned as follows:
1. A warning or a fine of 20,000 to 200,000 VND for an act of grazing cattle in :
a/ Production forest: up to 0.3 ha.
b/ Protection forest: up to 0.2 ha.
c/ Special-purpose forest: up to 0.1 ha.
2. A fine of more than 200,000 to 1,000,000 VND for an act of grazing cattle in:
a/ Production forest: from above 0.3 ha to 1 ha.
b/ Protection forest: from above 0.2 to 0.5 ha.
c/ Special-purpose forest: from above 0.1 to 0.3 ha.
3. A fine of more than 1,000,000 to 2,000,000 VND for an act of grazing cattle in:
a/ Production forest: from more than 1 to 2 ha.
b/ Protection forest: from more than 0.5 to 1 ha.
c/ Special-purpose: from more than 0.3 to 0.5 ha.
4. In addition to warning or fine, the violator stipulated in this Article shall be forced to restore the forest or pay the cost of reforestation.
Article 10.- Illegal hunting of forest animals is an act of hunting forest animals without permission of the competent State agency or with permission but violating the regulations on management of forest animals (species, areas and seasons, methods and instruments banned from hunting); a person who commits such acts shall be sanctioned as follows:
1. A warning or a fine of 50,000 to 5,000,000 VND for an act of:
a/ Hunting forest animals without permits of the competent State agency.
b/ Using banned hunting methods and means.
2. A fine of more than 500,000 to 2,000,000 VND for an act of:
a/ Hunting forest animals in no-hunting area.
b/ Hunting forest animals in no-hunting season.
3. A fine of more than 2,000,000 to 10,000,000 VND for an act of:
a/ Hunting precious and rare forest animals in contravention of law but not seriously enough to be examined for penal liability.
b/ Violations provided for in Clauses 1 and 2 of this Article and acts of hunting common forest animals in large numbers but not seriously enough to be examined for penal liability.
4. In addition to warning or fine, the violator shall have his/her illegally hunted animals and violation means confiscated and be forfeited of the right to use permits for hunting forest animals as prescribed in this Article.
Article 11.- Causing damage to forest land is an act of violating the regulations on the protection of forest land such as excavating, explosive-mining or defertilizing the forest land; building structures that obstruct water for living, discharging waste water and toxic matters into forest land; the person who commits such acts shall, depending on the damage caused and each type of forest land, be sanctioned as follows:
1. A warning or a fine of 20,000 to 200,000 VND for violations which have been detected but have not caused any damage to the forest land.
2. A fine of more than 200,000 to 1,000,000 VND for acts of causing damage to:
a/ Production forest land: up to 0.2 ha.
b/ Protection forest land: up to 0.1 ha.
c/ Special-purpose forest land: up to 0.05 ha.
3. A fine of more than 1,000,000 to 5,000,000 VND for acts of causing damage to:
a/ Production forest land: above 0.2 to 1 ha.
b/ Protection forest land: above 0.1 to 0.6 ha.
c/ Special-purpose forest land: above 0.05 to 0.3 ha.
4. A fine of more than 5,000,000 to 10,000,000 VND for acts of causing damage to:
a/ Production forest land: above 1 to 2 ha.
b/ Protection forest land: above 0.6 to 1.2 ha.
c/ Special-purpose forest land: above 0.3 to 0.7 ha.
5. Besides the warning or fine, the violator defined in this Article shall be forced to take measures to overcome consequences of his/her act.
Articles 12.- Illegal transportation, purchase and sale of forest products are acts of transporting, buying and selling forest products without lawful sources of exploitation, purchase and sale or forest products which are not permitted for use by the competent State agency; the person who commits such acts shall, depending on the quantity or value of forest products, be sanctioned as follows:
1. A warning or a fine of 20,000 to 200,000 VND in the following cases:
a/ Common timber: up to 1 cubic meter of log timber.
b/ Firewood: up to 2 st.
c/ Other forest products: valued up to 100,000 VND (at local market price).
2 A fine of more than 200,000 to 1,000,000 VND for:
a/ Common timber: from more than 1 to 3 cubic meters of log timber.
b/ Precious and rare wood: up to 0.5 cubic meter of log timber.
c/ Firewood: from more than 2 to 6 st.
d/ Other forest products: valued from more than 100,000 to 500,000 VND.
3. A fine of from more than 1,000,000 to 5,000,000 VND for:
a/ Common timber: from more than 3 to 10 cubic meters of log timber.
b/ Precious and rare timber: from more than 0.5 meter to 3 cubic meters of log timber.
c/ Firewood: from more than 6 to 25 st.
d/ Other forest products: valued from more than 500,000 to 2,500,000 VND.
4. A fine of more than 5,000,000 to 20,000,000 VND for:
a/ Common timber: from more than 10 to 25 cubic meters of log timber.
b/ Precious and rare timber: from more than 3 to 10 cubic meters of log timber.
c/ Firewood: from more than 25 to 80 st.
d/ Other forest products: valued from more than 2,500,000 to 10,000,000 VND.
5 A fine of more than 20,000,000 to 50,000,000 VND for:
a/ Common timber: from more than 25 to 40 cubic meters of log timber.
b/ Precious and rare timber: from more than 10 to 15 cubic meters of log timber.
c/ Firewood: from more than 80 to 200 st.
d/ Other forest products: valued from more than 10,000,000 to 30,000,000 VND.
6. A fine of from more than 50,000,000 to 100,000,000 VND for:
a/ Common timber: from more than 40 to 70 cubic meters of log timber.
b/ Precious and rare timber: from more than 15 to 25 cubic meters of log timber.
c/ Other forest products: valued from more than 30,000,000 to 50,000,000 VND.
7. In addition to warning or fine, the violator shall have his/her forest products and violation means confiscated and be forfeited of the right to use the permit for transporting forest products as prescribed in this Article.
8. A person transporting forest products who fails to observe the procedures for transporting forest products prescribed by law, but the transported forest products have lawful sources of exploitation, purchase and sale, shall be fined 2,000,000 to 10,000,000 VND.
Article 13.- Violations of the regulations on wood and forest product processing:
1. A fine of 2,000,000 to 10,000,000 VND for an act of processing wood and forest products without permit for wood and forest product processing issued by the competent State agency.
2. The wood and forest products which are processed without lawful sources of exploitation, purchase and sale shall be handled in accordance with Article 12 of this Decree.
3. In addition to fine, the violator shall be suspended from operation, and have his/her forest products and violation means confiscated as prescribed in this Article.
Article 14.- Violations of the regulations on procedures for forest product declaration and check are acts of violating the procedures for declaring and submitting to forest product check while transporting them through Regional Forest Product Re-checking Stations or failing to make a declaration when importing and/or exporting forest products for wood and forest product processing; the following sanctions shall be imposed on persons who commit one of the following violations:
1. A warning or a fine of 50,000 to 500,000 VND for an act of transporting forest products without making a declaration and submitting to forest product check at the prescribed place.
2. A fine of 1,000,000 to 5,000,000 VND for an act of failing to observe the procedures for declaration and check when importing and/or exporting forest products.
3. Wood and forest products which have no lawful sources of exploitation, purchase and sale shall be handled in accordance with Article 12 of this Decree.
Chapter III
COMPETENCE AND PROCEDURES FOR HANDLING SANCTIONS AGAINST ADMINISTRATIVE VIOLATIONS IN THE FIELD OF FOREST MANAGEMENT AND PROTECTION AND FOREST PRODUCT MANAGEMENT
Section I. COMPETENCE TO SANCTION ADMINISTRATIVE VIOLATIONS
Article 15.- Competence of the members and head of the Ranger Service at all levels to sanction administrative violations:
1. Rangers on duty can serve a warning or a fine of up to 100,000 VND; temporarily seize the illegal forest products, violation means and report to their immediate superiors for settlement.
2. The Head of Ranger Station or of Mobile Ranger Team can serve a warning or a fine of up to 1,000,000 VND; confiscate the illegal forest products specified in the sanctioning bracket within their competence, confiscate the violation means valued up to 10,000,000 VND. In cases where the violator is forced to replant the forest or pay the expenses for reforestation, he shall report to his immediate superior for settlement.
3. The Head of a Regional Ranger Station, the Head of a Regional Forest Product Re-checking Station can serve a warning or a fine of up to 2,000,000 VND; propose to the competent State agency to withdraw the permit; confiscate the illegal forest products specified in the sanctioning brackets within their competence, confiscate the violation means valued up to 20,000,000 VND; force the violator to replant the forest or pay the expenses for reforestation.
4. The Director of the provincial Ranger Service can serve a warning or fine of up to 5,000,000 VND; forfeit the right to use the permit within his competence, or request the competent State agency to withdraw the permit if this is beyond his competence; confiscate the illegal forest products specified in the sanctioning bracket within his/her competence, confiscate the violation means; force the violator to replant the forest or pay the expenses for reforestation.
5. The Director of the Ranger Department can serve a warning or a fine of up to 20,000,000 VND; forfeit the right to use the permit within his/her competence, or request the competent State agency to withdraw permit if this is beyond his/her competence; confiscate the illegal forest products specified in the sanctioning brackets within his/her competence, confiscate the violation means; force the violator to replant the forest or pay the expenses for reforestation.
Article 16.- Competence of the President of the People’s Committee of all levels to impose sanctions against administrative violations:
1. The President of the People’s Committee of commune, ward or township (hereafter referred to as commune) can serve a warning or a fine of up to 200,000 VND; temporarily seize the illegal forest products and report to the local ranger service for settlement, confiscate the violation means valued up to 500,000 VND, order compensations for damage valued up to 500,000 VND caused by the administrative violation.
2. The President of the People’s Committee of district, precinct, provincial town (hereafter referred to as district) can serve a warning or a fine of up to 10,000,000 VND; forfeit the right to use the permit within their competence, or request the competent State agency to withdraw the permit if this is beyond their competence; confiscate the illegal forest products specified in the sanctioning brackets within his/her competence and violation means; force the violator to restore the forest or bear the cost of reforestation.
3. The President of the People’s Committee of a province and city directly under the Central Government (hereafter referred to as province) can serve a warning or fine of up to 100,000,000 VND; forfeit the right to use the permit within their competence, or request the competent State agency to withdraw the permit if this is beyond their competence; confiscate the illegal forest products and violation means; force the violator to restore the forest or bear the cost of reforestation.
4. The local ranger service of various levels has the responsibility to assist the People�s Committee of the same level in considering and deciding sanctions against administrative violations and organizing the execution of such decisions.
Article 17.- Delegation of authority to impose sanctions against administrative violations:
Where a person with competence to impose sanctions against administrative violations defined in Clauses 2, 3, 4 and 5 of Article 15 and Clauses 1, 2 and 3 of Article 16 of this Decree delegates the authority to his/her deputies, the authorized persons shall handle the affair according to the competence of their principal.
Article 18.- The specialized agencies such as the People�s Security Force, the Customs Service, the Taxation Agency, the Market Management Agency and the Specialized Inspectorate shall have to closely coordinate with the Ranger Service in supervising, inspecting and preventing administrative violations in the field of forest management and protection and forest product management; upon detecting violations they shall make records thereof and hand the dossiers and material evidences to the Ranger Service for handling in accordance with provisions of law.
Article 19.- Handling cases which are beyond the competence to impose sanctions against administrative violations:
If the violation is beyond the sanction brackets under its sanctioning competence, an agency must compile dossier and immediately submit it to the competent level for handling; in particular, the temporarily seized illegal forest products and violation means shall not have to be transferred to another place pending the sanctioning decision of the competent agency. After receiving the sanctioning decision, the Ranger Office shall have to execute it. Imposing sanctions ultra vires is strictly forbidden.
Section II. PROCEDURES FOR IMPOSING SANCTIONS AGAINST ADMINISTRATIVE VIOLATIONS
Article 20.- Stoppage of administrative violations:
When detecting an administrative violation defined in Articles 4 to 14 of this Decree or activities conducted by individuals and/or organizations which are not violations but are likely to cause forest fires, the destruction of forests and forest land or the pollution of the forest environment, the person with competence to impose sanctions shall immediately order the stoppage and rangers must report to their immediate superior right after they order the stoppage.
Article 21.- Making records on administrative violations:
The persons with competence to impose sanctions shall, upon detecting violations of the regulations on forest management and protection and forest product management, make a written record on the administrative violation as prescribed in Article 37 of the Ordinance on the Handling of Administrative Violations, except in cases where sanctions are made through simple procedures stipulated in Article 46 of the Ordinance on the Handling of Administrative Violations.
After making an initial report on the administrative violations, if there are not enough evidences, the person with competence to impose sanctions shall have to promptly conduct the investigation, verification and make a report on verification.
Article 22.- Application of preventive measures:
Where it is necessary to prevent in time an administrative violation or to ensure effectiveness of the handling of the violation, the Ranger Service is entitled to apply the following preventive measures:
1. Temporary detention and the body search of the suspected violator according to administrative procedures, pursuant to provisions of Articles 39, 40 and 42 of the Ordinance on the Handling of Administrative Violations.
2. Temporary seizure of material evidences and violation means according to administrative procedures, pursuant to Article 41 of the Ordinance on the Handling of Administrative Violations.
3. When there are grounds to determine that there are in transport means or other objects hidden illegal forest products as defined in Article 43 of the Ordinance on the Handling of Administrative Violations, the rangers who are in charge of checking and investigating forest products can use signal flags, sign boards, whistle or signal lights to order the drivers of land or water transport means to stop for a check of forest products.
4. The rangers on duty, upon detecting a blatant violation of legislation on forest management and protection and forest product management, can search the forest site and place where illegal forest products are hidden, as prescribed by law.
The search of place where material evidences and means used in the administrative violation in the field of forest management and protection and forest product management are hidden, must strictly comply with Article 44 of the Ordinance on the Handling of Administrative Violations.
Article 23.- Sanctioning decisions:
The person having competence to impose sanctions, after determining the acts and extent of violations, must base themselves on the factors defined in Clause 5, Article 3 of the Ordinance on the Handling of Administrative Violations and Clauses 1, 2 and 3 of this Decree to consider and decide the proper form and level of sanction.
The sanction shall be decided in accordance with procedures prescribed in Article 48 of the Ordinance on the Handling of Administrative Violations.
Article 24.- Collection and payment of fines:
An individual and/or an organization subject to fine shall have to pay the fine at the place indicated in the sanctioning decision and shall be given receipt of fine collection. The fine thus collected must be remitted to the State budget via the account at the State Treasury.
A decision to impose fine of 2,000,000 VND or more must be submitted to the People�s Procuracy of the same level.
Article 25.- Confiscation of material evidences and means used for administrative violations:
The principles for confiscating illegal forest products and violation means are as follows:
1. To confiscate forest products having no lawful sources of exploitation, purchase or sale, especially specious and rare forest products and products not permitted for use by the competent State agency.
2. To confiscate means used for administrative violations. In particular, the transport means used for the illegal transportation of forest products (including means owned the State and not appropriated by individuals and organizations), shall be confiscated only if the violations involve aggravating factors.
3. For material evidences in the administrative violations, which are perishable commodities and articles, the person issuing the sanctioning decision shall have to make a record and immediately organize the sales. The proceeds therefrom must be remitted to the State budget via the account at the State Treasury.
4. When detecting and catching an individual or organization in the act of committing violations causing damage to forests in areas under their management, the forest owners shall make a written report, temporarily seize the forest products and violation means and submit the dossier to the local ranger service for handling. The local ranger service, after issuing the decision on sanction against the violator, shall return the seized forest products to the forest owner, who has to bear all the actual cost incurred by the ranger office in handling the violation.
In case the forest owner cannot detect the violator, after issuing the decision to impose sanction against the violator, the ranger office shall not have to return the seized forest products to the forest owner but shall put them on sale and remit the proceeds to the State budget in accordance with current regulations. With regard to the forest products from planted forests invested by individuals or organizations, the ranger service shall return the seized forest products to the forest owner, who, however, shall have to bear the actual cost incurred by the ranger office in handling the violation.
Article 26.- The execution of the sanctioning decision, the forcible execution of the sanctioning decision, the statute of limitation for the execution of the sanctioning decision against an administrative violation shall be carried out in accordance with provisions of Articles 54, 55 and 56 of the Ordinance on the Handling of Administrative Violations.
Article 27.- The handling of material evidences and means used for administrative violations:
With regard to the illegal forest products and violation means which have been confiscated, the ranger service shall have to keep and preserve them against loss or degeneration. After 10 days from the date the violator receives the sanctioning decision and makes no complaint, the ranger service shall coordinate with the local financial agency in handling the violation as follows:
1. For precious and rare timber and forest products, the financial agency shall set up an evaluation council and organize the auction to those who are entitled to use them in accordance with current regulations.
2. Precious and rare timber and forest products which are 50 % or more under standard; items processed from wood in small quantities and scattered manner; and common wood shall be sold to those who are entitled to use them at prices set by the provincial People�s Committee.
3. Other forest products (not specified for in Clauses 1 and 2 of this Article) shall be sold at local market prices.
4. Live forest animals shall be released into forests or sold at local market prices to individuals or organizations eligible for trading, breeding them or for using them in scientific research or in catering cultural requirements.
5. The confiscated means shall be put on auction in accordance with current regulations.
6. Proceeds from the sale of illegal forest products and/or violation means defined in Articles 25 and 27 and fines specified in Article 24 of this Decree shall be remitted to the State Treasury. The financial agency shall have to ratify the payment of actual expenses such as those for fuel, gasoline, loading and unloading, transport, maintenance of the confiscated material evidences and means, evaluation, verification and handling thereof, bonuses for those who discover and denounce, as prescribed by current provisions of law.
Chapter IV
HANDLING OF VIOLATIONS
Article 28.- Handling of violations committed by persons with competence to impose sanctions against administrative violations and persons who are sanctioned for their administrative violations:
A person with competence to impose sanctions against administrative violations extorts, tolerates or covers up, does not handle violations promptly and properly, or sanctions ultra vires, expropriates and/or illegally uses money, material evidences, violation means, and/or obstructs production and circulation of forest products, he/she shall, depending on the nature and extent of his/her violation, be disciplined or examined for penal liability; if material losses are caused, compensations must be made in accordance with the provisions of law.
If the person who is sanctioned for an administrative violation commits an offense against the person(s) on duty, or delays (in submitting) or rescues material evidences, violation means, evades the execution of sanctions, or commits other offenses, he/she shall, depending on the nature and extent of their violations, be forced to comply with effective sanctioning decisions and additionally fined 200,000 to 5,000,000 VND by the persons with competence to impose sanctions, defined in Clauses 2, 3, 4 and 5 Article 15 and Clauses 1, 2 and 3 Article 16 of this Decree or examined for penal liability; if material losses are caused, compensations must be made in accordance with the provisions of law.
Article 29.- Settlement of complaints and denunciations:
The settlement of complaints and denunciations shall be conducted in accordance with the provisions of Articles 87 to 90, Chapter VIII of the Ordinance on the Handling of Administrative Violations and the Ordinance on the Procedures for Settling Administrative Cases of May 21, 1996.
1. With regard to complaints against decisions on sanctions against administrative violations as provided for in Article 88, Chapter VIII of the Ordinance on the Handling of Administrative Violations, if the complainant disagrees with the settlement decision of the person who issued the sanctioning decision, the complainant shall have the right to protest to the immediate superior of such person, more concretely:
a/ If a ranger or the Head of a Ranger Station issues the sanctioning decision, complaints shall be lodged to the Head of the Regional Ranger Office.
b/ If the President of the People’s Committee of a commune issues the sanctioning decision, complaints shall be lodged to the President of the People�s Committee of the district.
c/ If the Head of the Regional Ranger Office, the Head of the Regional Forest Product Re-checking Office, the Head of a Mobile Ranger Team issues the sanctioning decision, the complaint shall be lodged to the Director of the Provincial Ranger Service.
d/ If the President of the district People’s Committee or the Director of the Provincial Ranger Service issues the sanctioning decision, the complaint shall be lodged to the President of the provincial People’s Committee.
e/ If the Director of the Ranger Department, the President of the provincial People’s Committee issues the sanctioning decision, the complaint shall be lodged to the Minister of Agriculture and Rural Development.
2. All individuals and organizations have the right to complain to the competent State agency about law-breaking acts of violators including the competent persons.
Chapter V
IMPLEMENTATION PROVISIONS
Article 30.- This Decree takes effect from the date of its signing.
This Decree replaces Decree No.14-CP of December 5, 1992 of the Government promulgating the Regulation on Sanctions against Administrative Violations in the Field of Forest Management and Protection.
Article 31.- The Minister of Agriculture and Rural Development shall have to guide and organize the implementation of this Decree, elaborate and issue the system of model forms to ensure the implementation of legal procedures for imposing sanctions against administrative violations in the field of forest management and protection and forest product management provided for in this Decree.
Article 32.- The Ministers, the Heads of the ministerial-level agencies, the Heads of the agencies attached to the Government, the Presidents of the People’s Committees of the provinces and cities directly under the Central Government shall have to implement this Decree.
ON BEHALF OF THE GOVERNMENT FOR THE PRIME MINISTER DEPUTY PRIME MINISTER Phan Van Khai |
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