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The Decree 40/2015/nd-Cp: Modifying, Supplementing A Number Of Articles Of Decree 157/2013/nđ-Cp Dated 11 November 2013 Of Government Sanctioning Administrative Violations Of Forest Management, Forest Development, ...

Original Language Title: Nghị định 40/2015/NĐ-CP: Sửa đổi, bổ sung một số điều Nghị định số 157/2013/NĐ-CP ngày 11 tháng 11 năm 2013 của Chính phủ quy định xử phạt vi phạm hành chính về quản lý rừng, phát triển rừng,...

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THE GOVERNMENT.
Number: 40 /2015/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, April 27, 2015

DECREE

S Change, add some things. N Number one. 157 /2013/NĐ-CP

November 11, 2013 - The government rules the sanctions.

in forest management, forest development, forest protection and forestry management.

______________________

Government Law Base December 25, 2016 What? 200 1 ()

Base of Law on the Protection and Development of the Forest on 3 December 2004;

- What? Go to Law. Why? Violation of action. I'm June 20, 20 1 2.

At the suggestion of the Minister of Agriculture and Rural Development,

Government The decree of the decree is set. Yeah. , add a s Stain. Number Protocol 1 57 /2013/NĐ-CP November 11 11 2013 by the Government of the Government to punish the violation of the action I'm Take over. Why? forest, forest development, forest protection and management - The music.

What? 1. Modify, add some of the provisions of the Digital Protocol 157 /2013/NĐ-CP November 11, 2013 of the Government rules sanctions on the administrative violation of forest management, forest development, forest protection and forestry management, in the United States.

1. Modified, add Article 1 as follows:

" This decree provides for the conduct of violations, the form of sanctions, the penalty level, the remediation measure on the behavior of administrative violations, the jurisdiction of sanctions and the authority to compile the administrative violation of forest management, forest development, forest protection, and protection. management of the forest.

This decree does not adjust to forest animals, forest plants of endangered species Category, precious, rare protected under government regulation. "

2. Modified, add 2 Article 3 as follows:

" 2. Forest products are plant products, animals and parts, derivatives of which are derived from forests (including aquatic animals of native or non-native origin but are given authority for adoption, release in ponds, lakes, and other parts of the forest). the river, the stream in the forest). "

3. Add paragraph 9 Article 3 as follows:

" 9. The Forest Environment Service stipulated at Article 9a of this decree includes:

a) to protect the soil, to limit erosion and to pay for the heart of the lake, the heart of the river, the stream of the stream;

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

c) absorbing and storing the carbon of the forest, reducing greenhouse gas emissions by means of preventing forest degradation, reducing forest area and sustainable forest development;

d) Protect the natural landscape and preserve the biodiversity of forest ecosystems serving for tourism services;

The home supply, food source, and natural breed, uses water resources from the forest for aquacoproducts. "

4. Add to paragraph 4, paragraph 5, paragraph 6, paragraph 7 Article 4 as follows:

" 4. Forced the contract to pay for a forest environment service.

5. To prescribe the amount of money to pay the forest environment service.

6. To pay full payment of the use of a forest environment service and interest arise from the slow pay (if any) correspond to the amount and slow time paid.

7. Forcing the full payment of the forest environment for the stockman to protect the forest under the signed contract. "

5. Modified, add 1 Article 7 as follows:

" 1. The provisions of the provisions of this decree apply to the individual (except for the specified case in paragraph 4 Article 9a of this decree); the violation of the breach applies a fine of two times the fine with the individual with the same behavior and the extent of the breach. "

6. Add to Point 10 Article 22 as follows:

"d) forest animals or parts, their derivatives of endangered species, precious, rare IB groups have a value of over 100 million copper."

7. Add to 10 Article 23 Points as follows:

"d) forest animals or parts, their derivatives of endangered species, precious, rare IB groups have a value of over 100 million copper."

8. Supplements " Article 9a. Violation of policy-paying policy regulations " as follows:

" 9a. A violation of the cost of environmental services

1. Users of the forest environment service do not sign up to pay the use of the forest environment service after 3 (three) months, since the use of the forest environment service, which is treated as follows:

a) Free of $500,000 to 1,000,000 if not contracted to the forest owner of the forest environment service in case of direct pay;

b) Free from 10,000,000 to 20,000,000 when not contracted to the Fund for Protection and Development of the province in case of indirect payments;

c) Free from 40,000,000 to 50,000,000 while not contracted to the Vietnam Forest Fund and development in case of indirect payments;

d) The consequences of remediation

The application of the applicable remediation measures in paragraph 4 Article 4 of this Decree in the period 01 (one) month, since the date of the receiving decision of the trial, for the person with the conduct of the administrative violation stipulated at the points a, b, c This paragraph.

2. The use of a forest environment service does not prescribe money to pay the forest environment service in case of indirect pay, which is treated as follows:

a) For a sum of $200,000 to $500,000 if the amount is paid to $50,000,000;

b) The currency of between $500,000 and $1,000,000 if the amount should be paid from over 50,000,000 to 200,000,000;

c) A million to 3,000,000 dollars if the amount paid from over 200,000,000 to 300,000,000;

d) A lot of money from 3,000,000 to five million dollars if the amount paid from over 300,000,000 to $500,000,000;

All the money from five million to 10,000,000, if the money had to pay over $500 million;

e) The consequences of remediation

The applicable remediation applies to the provisions of Article 5 Article 4 of this decree for a 15-day period, since the date of the receiving decision is decided, for the violation of the specified breach at the points a, b, c, d, and this clause.

3. Users of the forest environment service do not pay or pay not full of the money using the service, which is treated as follows:

a) A currency of between $500,000 and 1,000,000 dollars if not paid or paid is not full of money using the services of more than three months over the signing of the contract with the amount of $20,000,000;

b) The currency of between 1,000,000 and 3,000,000 dollars if not paid or paid is not full of the amount of money that uses the services for more than three months by the time of the signing of the contract with the amount of money from over 20,000,000 to 30,000,000;

c) The amount of money from 3,000,000 to 5,000,000 dollars if not paid or paid is not full of the amount of money used for over 3 months by the time of the signing of the contract with the amount of money from over 30,000,000 to $50,000,000;

d) Free from $5,000,000 to 10,000,000 dollars if not paid or paid not full of money using the services for more than three months by the time of the signing of the contract with the amount of money from over 50,000,000 to 100,000,000;

Money from 10,000,000 to 20,000,000 would not pay or pay for less than 3 months on the contract with the amount of money from over 100,000,000 to 200,000,000;

e) Free from 20,000,000 to $30,000,000 if not paying or paying for less than 3 months ' worth of service by the time of the signing of the contract with the amount of money from over 200,000,000 to $200,000,000;

g) The amount of money from 30,000,000 to 50,000,000 would not pay or pay the full amount of money using the services for more than three months in accordance with the contract amount of $500,000,000;

h) The consequences of remediation

To apply the applicable remediation measure at paragraph 6 Article 4 of this Decree for a period of 1 month, since the date of the receiving decision, for the person whose conduct of administrative violations rules at the points a, b, c, d, e, e, and g. Hey.

Interest is calculated on the basis of the amount of slow paid, the slow time spent on the basis of the underlying interest issued by the State Bank of Vietnam at the time closest to the time of the decision to punish the administrative breach.

Deforestation is an organization that is not paid or fully paid by the State of the State of the State of the Forest, in accordance with the proceeds from the forest environment service to the stockholder who protects the forest under the contract signed between the forest owner and the stockholder, as follows:

a) For the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum of the five hundred thousand,

b) For the sum of the sum of the sum of the sum of the sum of the sum of the money to the sum of the sum of the sum of the sum of the sum of the people,

And for the sum of the sum of the sum of $3,000,000 to the sum of the sum of the sum of the sum of the sum of $20,000 to the 50,000,000;

d) For the sum of the sum of five million to 10,000,000, if the sum of the money was over the 50,000,000;

Restore the consequences.

It is required to apply a prescribed remediation in paragraph 7 of Article 4 of this decree for a period of 1 month, since the date of the receiving decision is decided, for the person whose behavior violates the stipulation at the point a, b, c, and d of this clause. "

9. Repeal Clause 2 Articles 7; Clause 5 and Clause 6 Articles 24.

What? 2. Effect of execution

The decree came into effect since 20 June 2015.

What? 3. Organization Responsibility

1. The Minister of Agriculture and Rural Development has the responsibility of guiding, the organization that execs this decree.

2. The ministers, the chief of the government, the Head of the Government, the Chairman of the Government, the Chairman of the Provincial People's Committee, the Central City of the Central Committee, is responsible for the implementation of this decree.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung