Pursuant to the law on organization of the Government of 25 December 2001;

Pursuant to the law to protect and develop forests on December 3, 2004;

Legal bases of administrative violation processing command no. 44/2002/PL-UBTVQH10 on 02 July 2002;

Considering the recommendation of the Minister of agriculture and rural development, the DECREE: chapter I GENERAL PROVISIONS article 1. Scope and objects 1. Scope of this Decree the provisions on sanctioning administrative violations in the field of forest management, forest protection and management of forest products on the territory of the Socialist Republic of Vietnam.

This Decree does not apply to wood and other forest products from abroad legitimate imports into Vietnam (including the case of a shipment of timber imported legally but have difference in volume, the number when measuring, counting).

Import behavior of wood left the State's current regulations; use the import records to extraction, sale, transport, possession of a natural forest wood illegally in the country are sanctioned under the provisions of this Decree.

2. The object of this Decree apply applicable sanctioning administrative violations for personal, domestic and foreign organizations (hereinafter referred to as the violator) acts unintentionally or intentionally violated state regulations on forest management, forest protection and management of forest products have yet to cause damage or harm to the forest , forest products, forest habitat is not yet to the level of prejudice to criminal responsibility.

In the case of international treaties to which the State of the Socialist Republic of Vietnam is a member have other regulations shall apply the provisions of international treaties.

Article 2. About some of the terminology used in the decrees of 1. Forest products is produced from plant exploitation of forests, forest animals, forest creatures and parts of them.

The wood referred to in the Decree consists of round timber, sawn, hewn wood.

2. Plant the forest endangered, rare, precious Group IA, IIA; endangered forest animals, precious, rare Group IB, IIB is the forest plant species, endangered forest animals, precious, rare, according to the regulations of the Government.

3. Exhibits, means of administrative violations include: a) exhibits is forest products being invasive violators.

b) means is the type of objects, tools, means of transport be violators used to make administrative violations.

Transport of forest products can be: the road vehicles, motorcycles, bicycles, car and animal drawn vehicles; boat, canoeing, rafting, sailing, the other means of waterway transportation.

4. The media were the administrative violations of unauthorized appropriation is the case means the legal owner of the offense steal, robbery, usurp, advantage property owners do not have the condition prevents to appropriating public (the course taken) or other unlawful acts deprived of possession , management, use of the legitimate owner of that vehicle.

5. Exhibits, the media is considered to be the violation of unauthorised use in one of the following cases: a) the owner of the means for individuals and organizations to rent, borrow or hire other people control the media to use to legitimate purposes, but who are hired , are borrowed or rented vehicles for media controls that has arbitrarily used in the transportation of forest products.

b) legal owner for their vehicles or individuals, organizations are legal for individual rental vehicles, held for his workers to manage, control, used for the purpose of producing legitimate business, but workers have arbitrarily used the vehicles to transport forest products.

6. violations have held the case there are two or more structures closely together, intentionally performed administrative violations.

7. violations many times was the case the previous administrative infringement has administrative violations in the field of forest management, forest protection and management of forest products has not yet sanctioned and not all time sanction, continued to perform the administrative violations in the field.

8. It is the case of the administrative violations had been sentenced on administrative violations in the field of forest management, forest protection and management of forest products, and yet the term is considered not yet sanctioned administrative offense, continued implementation of administrative violations in the field.

9. In this Decree, the level of the fines is 30,000,000 fine levels highest administrative violations for a behavior in the field of forest management, forest protection and management of forest products, in accordance with the Ordinance No. 44/2002/PL-UBTVQH10 on 02 July 2002 of the Commission of the National Assembly on the handling of administrative violations (hereinafter referred to as the Ordinance violation processing Administration). The case of the Ordinance handling administrative violations in 2002 was modified or State issued new regulations regarding this policy, then the highest level of administrative fines naturally apply the current regulations.

Article 3. Sanction guidelines 1. All administrative violations in the field of forest management, forest protection and management of forest products should be promptly detected and suspended immediately. The sanctioning of administrative violations must be conducted swiftly, justly, proper law; the violation or guardians are responsible to remedy consequences of violations perpetrated under the provisions of the law.

Personally, the only organization sanctioned administrative violations in the field of forest management, forest protection and management of forest products when making administrative violations specified in this Decree.

2. Before a decision sanctioning administrative violations, the authorized person must consider personal sanctions violators and based on the nature and extent of the violation; the aggravation, mitigation as defined in article 8, 9 of the Ordinance on handling administrative violations to decide the form and the level of sanctions and remedial measures.

3. The administrative violations with no aggravation, mitigating the fines is the average of the frame of the fines provisions applicable to that behavior. If there are extenuating circumstances, the fines can be reduced but not lower than the lowest level of fine regulation framework applicable to the Act; If there are aggravating the fines may be greater but does not exceed the highest level of fine regulation framework applicable to that behavior.

4. An administrative violation only sanctioned once.

5. A person who performs many of the administrative violations, the sanctioned about each violation after that into the fine.

6. Many people together make an administrative violation, violators are sentenced on that violation. Prohibiting the split level of damage for each violation for sanction.

Several members of a household make administrative violations shall not be considered as violating the organized. The sanction was applied as a violation.

7. People from 14 years to under 16 administrative violations shall be caution about the acts due to deliberate; people from age 16 to under 18 years for all Government sanctioned violations of his administration. When a fine against them, the level of fines are not too part two penalties for underage persons; in case they do not forfeit any money then the parent or guardian must file instead.

8. The following violations not sanctioning administrative violations that switch to prejudice criminal liability: a) exhibits are flora endangered forest animals, forest, precious, rare Group IA, IB plant catalog in the forest, endangered forest animals, precious, rare stipulated in Decree No. 32/2006/ND-CP dated 30 March 2006 from the Government on the management of forest plants endangered forest animals, precious, rare (except animal breeding behavior of Group IB forest specified in paragraph 4 of article 20 of this Decree).

b) consequences of violations exceeded the maximum sanction administrative violations stipulates in article 11; 12; 18; 19 of this Decree.

c) transport, trade in illegal wood exceeds the maximum sanction administrative violations specified in point d of paragraph 1, paragraph 3 article 21; Article 22 of the Decree.

d) violators more invasive types of forest: the forest of special purpose, the forest, the forest production or extraction, shipping, unauthorized trade from two kinds of wood, while the area of each forest type, the volume of each type of wood has not exceeded the maximum sanction administrative violations but the General level of the fines exceeds 30,000,000 VND.

DD) Re the acts specified in article 175, article 189 of the Penal Code of 1999.

9. The administrative violation but causing damage in excess of the maximum prescribed sanctions administrative violations in the field of forest management, forest protection and management of forest products but the criminal code does not make a crime then sanction administrative violations with fines of forest management , forest protection and management of forest products.

10. the exhibits violated the Administration's forest vegetation, jungle animals in Appendix I, II of the Convention on international trade in endangered species of wild plants, endangered (CITES) but not specified in the list of forest plants, endangered forest animals, precious, rare stipulated in Decree No. 32/2006/ND-CP dated 30 March 2006 from the Government on the management of forest plants endangered forest animals, precious, rare, treated as follows: a) exhibits is the species in Appendix I, handle as for violations of forest plants, endangered forest animals, precious, rare Group IA, IB.

b) exhibits is the species in Appendix II, to handle such violations with respect to plant forests, endangered forest animals, precious, rare, group IIA, IIB stipulated in this Decree.

11. in case the violation has been criminal, but then suspended the proceedings, turning to activity sanctioning administrative violations, then apply the highest fines for rules violations.

Violators have been criminal prosecution which exhibits are flora endangered forest animals, forest, rare Group IA, IB, but then suspended the proceedings, turning to activity sanctioning administrative violations to the respective provisions shall apply as for forest plants, endangered forest animals the precious, rare, group IIA, IIB to handle.

Article 4. Time sanctioning administrative violations


1. Time sanctioning administrative violations in the field of forest management, forest protection and management of forest products is one year from the date of the administrative violations are made. Too time sanctioning administrative violations, no sanctions against administrative violations violators but measures forced the remedial provisions in article 6 of this Decree.

With regard to acts of unauthorized forest products store the time sanctioning administrative violations of the Act.

2. Violators were prosecuted, indicted or have decided to put on trial under criminal proceedings, but later decided to suspend the operation of the proceedings transferred records to sanctioning administrative violations, then the time sanctioning administrative violations is three months from the date the competent sanctions get decided to suspend criminal and outdoor profile of violations.

Article 5. The sanctions 1. The administrative violations suffered one of the main sanctions: warnings or fines under the provisions of chapter II of this Decree.

2. Depending on the nature and extent of the violation for which the individual, organization, administrative violations can also be applied to one or more additional sanctions such as: the right to use the license, certificate of practice; confiscated exhibits, the media is using administrative violations.

3. Foreigners in violation can be sanctioned deportation. Expulsion is applied as the main sanctions or additional sanctions in each specific case.

Article 6. Remedial measures in addition to the sanctions provided for in article 5 of this Decree, the administrative violations can also be applied to one or more remedial measures: 1. replant forests or Forced to pay back the investment capacity of forest planted be applied locally at the time of administrative violations.

2. Forced dismantling unauthorised building works; forced to overcome or payment recovery costs on the area being dug, by administrative infringement caused.

3. Forcing the payment of forest fire; forced to overcome or payment of the cost of environmental pollution.

4. Forced to pay salvage or destroyed wild animals were injured or killed, the costs drop to wildlife on the natural environment.

5. Forced bringing passengers to the pier or payment of the cost of bringing passengers to the pier in the case used passenger cars to unauthorized transport of forest products.

Article 7. Determine the damage to the forest, forestry products 1. The unit calculator to determine the damage a) forest area in square metres (m2).

b) wood volume in cubic metres (m3) of roundwood converted. Conversion from the type of lumber, timber hewn out round timber multiplied by 1.6.

c) towards the root, roots and wood has a complex shape (except the following scrap processing) of endangered, rare, you don't measure the size to calculate the volume using cubic then determined by weight, just 1,000 kg the equivalent conversion in 1 m3 of round timber; If not belonging to the species endangered, rare, then determine the volume by unit of ste as for firewood. 

d) firewood volume types in ste.

DD) other types of forestry calculated value in money Vietnam, unit is the same.

2. How to identify the damage a) determine the area of the forest was damaged in the field.

b) determine the volume of timber, firewood, actual damages under current rules.

c) the value of forest products was damaged, the value of used vehicles to administrative violations are determined according to the market price at the same time in the place where the violation occurred.

Chapter II INFRINGEMENTS, the form and the LEVEL of SANCTIONS article 8. Violation of the State's general rules on the protection of the forest Who have violations of the State's general rules on the protection of forests sanctioned as follows: 1. A fine of 100,000 to 1,000,000 copper contract if one of the following violations: a) Take animal, bring hand tools into the forest to hunt the animal or bird to exploit forest products.

b) Breeding, growing, drop into the National Park, nature reserve of animals, plants do not have native.

c) Bring into forest flammable, explosive; fire in the forest have had regulations banning, smoking, throw, discharge of remnants of the fire in the forest.

2. A fine of from 1,000,000 to 2,000,000 VND VND on when one of the following violations: a) organizing people into scientific research in special-purpose forests illegally; unauthorized specimens collected in the forest.

b) Brought into the forest of the motor vehicles, tools to harness the processing of forest products.

c) unauthorized advertising business of forest vegetation, jungle animals from natural or parts of them.

3. The person who violated the provisions in this that cause damage to forests or forest products then sanctioned under article 18 or article 19 of this Decree.

Article 9. Violating regulations on logging design Who violate regulations on logging design sanctioned as follows: 1. A fine of 1,000,000 to 3,000,000 đồng VND for the violation of one of the following cases: a) the total volume of wood exploited the fact from the design tree and tightly in a larger forest plots from over 15% to 20% compared with the volume of in the profile designer.

b) incorrect tree post hammer Close objects, the range specified in the design.

2. A fine of 4,000,000 copper to copper 10,000,000 earners following violations: a) design in the field are not properly identified location on the map or the wrong lot area mined on 15%.

b) total volume of wood exploited the fact from the design tree and fasten from above 20% in comparison with the volume of mining design records in a batch.

Article 10. Violate the rules logging the logging behavior Is not done in the right sequence, procedure and technical requirements as designed.

People who violate the provisions sanctioned logging are as follows: 1. A fine of 2,000,000 VND to 3,000,000 đồng for one of the following violations: a) check delivery, receipt, the scene of exploitation according to the current rules of the State.

b) no luỗng vines before extraction; not after exploiting forest sanitation; do not edit the original secures the tree has the ability to regenerate shoots, root to excessive regulation high in natural forests by mining method selected.

2. A fine of 4,000,000 6,000,000 for copper to copper has one of the following behaviors: a) the tight curved trees Not thin, the pest was marked with tight article.

b Open the export route, do) of beach wood focus wrong location compared to the design. If the cause of damage to forests or forest products then sanctioned under the provisions of article 18 of the Decree.

3. improper timber logging design or batch no sign the article tightly then sanctioned under the provisions of article 19 of this Decree.

Article 11. Violating regulations on deforestation to deal with people who have unauthorized deforestation acts to deal with the sanctioned as follows: 1. for forest production: a) a fine of 1,000 to 2,000 VND VND/m2/m2 if damage to 7,000 m2.

b) fine from 1,500 to 2,500 VND VND/m2/m2 if damage from 7,000 to 15,000 m2 on the m2.

2. for protective forests: a) fine from 1,400 to 3,000 VND VND/m2/m2 if damage to the 5,000 m2.

b) fines from 2,000 to 4,000 VND VND/m2/m2 if damage from 5,000 to 10,000 m2 on the m2.

3. for special-purpose forests: a) a fine of from 2,000 to 4,000 VND VND/m2/m2 if damage to 3,500 m2.

b) fine from 3,000 to 5,000 đồng VND/m2/m2 if damage from 3,500 to 7,500 m2 on the m2.

4. the confiscated exhibits, the media is using administrative violations prescribed in this article.

5. Who have violations of the provisions of this Article also were forced to replant the forest or payment of the cost of planting a forest again.

Article 12. Violating regulations on fire, The forest fire had violations of the regulations on fire, forest fire sanctioned as follows: 1. A fine from 200,000 to 2,000,000 copper copper when one of the following violations: a) fire, use fire to improper regulations of the State in the strictly protected forest areas of special purpose , a very weak pulse protective areas.

b) fires, use of fire in flammable forests, dry vegetation in the dry. Winifred crossbow

c) fires, use of fire near the depot, lumber yard when a forest fire forecasting level from level III to level V.

d) fire, the use of fire to hunt down and burn forest trees, forest to get coal in the jungle, honey, get the scraps of the war.

slash Burning), Ray, rice field in the forest, unauthorized forest.

e) does not guarantee the safety of fire and forest fire when allowed to use sources of fire, heat source, tool and equipment b. fire, heat and maintenance, fire use in forests and forest.

g) The other behaviour directly caused the risk of forest fires.

2. A fine of 2,000,000 5,000,000 VND for home until the forest has one of the following violations: a) in the forest focus forest owners that do not have fire, fire and fire works, forest fire.

b) drained the fire during the dry season reserves hanh.

c) during the dry season hanh not organized patrol, guarding the forest to prevent fires his natural management.

3. A fine of from 2,000 to 4,000 VND VND/m2/m2 if cause forest fires are natural forest production to 10,000 m2.

4. A fine from 3,000 to 5,000 đồng VND/m2/m2 if cause forest fire protective to 7,500 m2.

5. A fine of from 5,000 to 7,000 VND VND/m2/m2 if cause forest fires special purpose to 5000 m2.

6. With regard to the forest to plant a forest plantation production):-a fine of from 500 to 1,000 VND VND/m2/m2 if damage to 40,000 m2 for the plant to 3 years of age;

-A fine of 800 to 1,200 Dong VND/m2/m2 if damage to 30,000 m2, for 3-year-old from the plantations to 7 years of age;

-A fine of 1,000 to 2,000 VND VND/m2/m2 if damage to the 20,000 m2 for planting forests on 7 years of age.

b) protective forests: plantations-a fine of 800 to 1,200 Dong VND/m2/m2 if damage to 30,000 m2 for plant to 3 years of age;

-A fine of 1,000 to 2,000 VND VND/m2/m2 if damage to the 20,000 m2, for 3-year-old from the plantations to 7 years of age;


-A fine of from 2,000 to 4,000 VND VND/m2/m2 if damage to 10,000 m2 for the forests planted on 7 years of age.

c) plantations in the forest of special purpose:-fines from 1,000 to 2,000 VND VND/m2/m2 if damage to the 20,000 m2 for plant to 3 years of age;

-Fine of 1,600 Dong/VND/m2 of 3,400 m2 if damage to the 12,000 m2, for 3-year-old from the plantations to 7 years of age;

-A fine of from 5,000 to 7,000 VND VND/m2/m2 if damage to the 5,000 m2 for planting forests on 7 years of age.

7. Who have violations of the provisions of this Article also be forced to apply a or remedial measures: a) Forced to plant a forest again or the payment of the cost of planting a forest again.

b) Forcing the payment of forest fire.

Article 13. Cattle grazing in the forests had prescribed banned grazing in the forests had sanctioned prohibition regulations are the following: 1. Caution or a fine from 5,000 to 100,000 Dong Dong for the following acts: a) grazing in the strict protection areas of dense forest.

b) grazing in the forest to plant seedlings, planting new forests miles in under three years, forest tending had regulations banning grazing (except in the case specified in clause 2 of this).

2. A fine of from 4,000 to 6,000/tree/trees if the cattle were damaging crops on the 25 miles, new plant under 3 years and must not exceed 30,000,000 VND.

3. Who have violations of the provisions of this Article may also be forced to plant back to forested or pay the cost to replant the forests.

Article 14. Violation of rules of the room except for the creature of the forest damage 1. Caution or a fine from 5,000 to 500,000 VND VND for the forest does not make one of the preventive measures except the harmful forest organisms in accordance with the law on plant protection.

2. A fine of from 1,000,000 to 2,000,000 copper copper when using pesticides and diseases are not allowed to use the forest in Vietnam or non-observance of the regulations on quarantine.

3. A fine of 2,000,000 to 10,000,000 VND VND on for not promptly reporting forest owners to protect and quarantine, animal quarantine for guidance, support, deep processing, so that play room with an area of 3 ha of forest.

4. plant protection drugs confiscated unauthorized use.

5. Who have violations of the provisions of this Article also had remedial or bear the costs of remedial due to depth, the disease causes.

Article 15. Reclaimed, constitute unauthorized Encroachment, forest constitute unauthorized forest behavior is shifting the boundaries of unlawful occupied an area of forest of individuals and organizations.

People have reclaimed, amounting to acts of unauthorized forest sanctioned as follows: 1. A fine of 1,200 to 1,800 Dong VND/m2/m2 when reclaimed, amounting to 5,000 m2 of forest illegally special purpose protective forests, weak pulse or to 7,500 m2 of forest production.

2. A fine of from 2,000 to 4,000 VND VND/m2/m2 when reclaimed, amounting to over 5,000 m2 of forest illegally very weak pulse, protective, special-purpose forests or on 7,500 square meters of forest production.

3. The person who violated the provisions in clause 1 and clause 2 of this, in addition to fines are also being recovered forest area was reclaimed, occupied illegally.

Encroachment cases, constitute unauthorized deforestation and forest shall sanction according to the provisions of article 18 of this Decree; Forest encroachment and illegal forest exploitation shall sanction according to the provisions of article 19 of this Decree.

4. People who have violations of the provisions of this Article also were forced to scrap or payment of the cost of dismantling unauthorized buildings on an area of reclaimed forest, occupied illegally.

Article 16. Undermining the work serves the protection and development of forests to sabotage public works serves the protection and development of forests is causing behavior works for development and protection of forests (such as: the stations, the forest fire sentry towers, billboards, conventional propagation table forest protection; hot water reservoirs, forest fires; the type of media, tools used in the protection and development of forests) alter the status or damage to the works.

The destructive behavior works serves the protection and development of forests sanctioned as follows: 1. A fine of 200,000 to 500,000 VND VND for the behavior: write, draw up billboards, conventional propagation table forest protection; delete the information, the image on the billboards, conventional propaganda sheet to protect the forest.

2. A fine of from 500,000 to 2,000,000 VND VND for the behavior: flushing fire forest reserve, removing the signage on the protection of forests.

3. A fine of 2,000,000 to 5,000,000 đồng VND from when the behavior: digging breaking roads in forests, hindering forest protection operations, Karuna, broke the barrier of fire lines.

4. A fine of 5,000,000 VND to 10,000,000 when behaving: hitting the table propagation conventions protect forests, destroying buildings, guard towers, property, other vehicles used in the guard of the forest.

5. The remaining violations forced reparations remedial costs due to violations of the cause.

Violation penalty to level to prejudice criminal liability, the transfer of records to Agency to handle according to the provisions of the criminal code.

Article 17. Unauthorized exploitation the landscape, environment and forestry services from unauthorized exploitation the landscape, environment and forestry services is unauthorized use of landscape, forest habitat, the forestry service to manufacturing, service, business, established the cemetery are not State bodies have the authority to allow or not properly specified in the licence.

The unauthorized acts of exploitation the landscape, environment and forestry services sanctioned as follows: 1. A fine of 200,000 to 500,000 Dong copper who has illegal business behavior.

2. A fine of 500,000 to 2,000,000 people Council on acts created the landscape attractions.

3. A fine of 2,000,000 VND to 3,000,000 people on behavior of building production facilities, livestock, fisheries, livestock, and poultry.

4. The offense also was restored to its original state or to bear the costs of remedial due to violations of the cause.

Article 18. Unauthorized deforestation illegal deforestation is cutting behavior of forest trees (not subject to the provisions of article 11 of this Decree), the deliberate burning of forest tree (not subject to the provisions of article 12 of this Decree), digging, san, blasting, excavating, up tidal water compartment, discharge of toxins and other acts causing damage to the forest for any purpose not authorized by the Agency the State has authorized or permitted but not strictly rules allow.

Who have unauthorized deforestation acts sanctioned as follows: 1. for the production of natural forests forests: a) a fine of 1,000 to 3,000 VND VND/m2/m2 if damage to 2,500 m2.

b) fines from 2,000 to 4,000 VND VND/m2/m2 if damage from 2,500 to 5,000 m2 on the m2.

c) fine from 3,000 to 4,500 VND VND/m2/m2 if damage from 5,000 to 8,000 m2 on the m2.

2. for protective forest is forest nature: a) a fine of from 2,000 to 4,000 VND VND/m2/m2 if damage to 2,000 m2.

b) fine from 3,000 to 5,000 đồng VND/m2/m2 if the damage from more than 2,000 to 4,000 m2 m2.

c) fines from 4,000 to 6,000 VND VND/m2/m2 if damage from 4,000 to 6,000 m2 on the m2.

3. for special-purpose forests as natural forests; mangrove forests; the same forest, the forest of empirical studies: a) a fine from 3,000 to 5,000 đồng VND/m2/m2 if damage to the 1,500 m2.

b) fines from 4,000 to 6,000 VND VND/m2/m2 if damage from 1,500 to 2,500 m2 on the m2.

c) a fine of from 5,000 to 10,000 VND VND/m2/m2 if damage from 2,500 to 4,000 m2 on the m2.

4. for a plantation Forest plantation is production)-a fine of from 500 to 1,100 Dong VND/m2/m2 if damage to the crop for m2 37,500 to 3 years of age;

-Fines from 900 to 1,500 VND VND/m2/m2 if damage to 25,000 m2, for 3-year-old from the plantations to 7 years of age;

-A fine of from 1,000 to 2,200 Dong VND/m2/m2 if damage to 18,750 m 2 for plantations on 7 years of age.

b) protective Forest is forest planting-fines from 900 to 1,500 VND VND/m2/m2 if damage to 25,000 m2 for plant to 3 years of age;

-A fine of from 1,000 to 2,200 Dong VND/m2/m2 if damage to 18,750 m 2 for 3-year-old from the plantations to 7 years of age;

-A fine from 3,000 to 4,500 VND VND/m2/m2 if damage to the 8,000 m2 for planting forests on 7 years of age.

c) special purpose forests plantations-a fine of from 1,000 to 2,200 Dong VND/m2/m2 if damage to the crop for m2 18,750 to 3 years of age;

-A fine of from 2,000 to 4,000 VND VND/m2/m2 if damage to 10,000 m2, for 3-year-old from the plantations to 7 years of age;

-A fine of from 5,000 to 10,000 VND VND/m2/m2 if damage to 4,000 m2 for planting forests on 7 years of age.

5. Who are the acts of cleaning up the scene, preparing the soil, cultivation, production in an area of the forest just chopping, fined up to 5,000,000; If the employer is fined up to 2,000,000; people who have obtained forest products in the forest scene breaks, sanctioned under the provisions of article 19 of this Decree.

6. Who have violations of the provisions of this Article also seized forest products, forcing growing back Woods or payment of the cost of planting a forest again.

7. Forest State natural forests plantation or delivered by the capital budget, which is non-refundable aid to the management, protection and use of forestry purposes, if lack of responsibility to the forest was also sanctioned under the provisions of this Article.

Article 19. Illegal forest exploitation illegal forest exploitation is the behavior of the individual, the organization obtained forest products in the forest are not allowed by the competent State agencies (if the exploitation under the provisions of the law is to be licensed) or permitted but had made no proper rules allow.

The behavioral exploit sanctioned as follows: 1. the unauthorized production forest exploitation a) for non-wood species endangered, rare, precious from Group IV to VIII: group-a fine of from 500,000 to 700,000/m3/m3 if unauthorized exploit to 6m3;


-A fine of 700,000 to 1,000,000/m3/m3 if unauthorized extraction from on 6m3 to 15 m3;

-A fine of from 1,000,000 to 2,000,000/m3/m3 if unauthorized extraction from the factory on to 20 m3.

b) for non-wood species endangered, rare, precious from Group I to group III:-fines from 700,000 to 1,000,000/m3/m3 if unauthorized exploit to 4 m3;

-A fine of from 1,000,000 to 1,500,000/m3/m3 if unauthorized tapping from top 4 m3 to 10 m3;

-Fine from 1,500,000 to 2,500,000/m3/m3 if unauthorized extraction from over 10 m3 to 15 m3.

c) for endangered species in wood, precious, rare group IIA:-fine from 1,500,000 to 2,000,000/m3/m3 if unauthorized exploit to 3 m 3;

-Fine of 2,000,000/m3 up to 2,500,000/m3 if unauthorized extraction from on 3 m 3 to 6m3;

-Fine of 2,500,000/m3 up to 3,500,000/m3 if unauthorized extraction from on 6m3 to 10m3.

d) for firewood:-a fine from 100,000 to 200,000 VND/ste/ste if exploited to 20ste;

-A fine of 200,000 to 500,000 VND/ste/ste if mined from over 20 to 30ste;

-A fine of from 500,000 to 700,000 Dong/ste/ste if mined from over 30 to 50ste.

DD) for forest plants and their parts in addition to wood, firewood:-fines from 0.8 to 1.2 times the value of forest products being exploited illegally, if damage forest products not belonging to endangered species, rare, valuable and precious to 30,000,000 VND;

-A fine of 1.2 to 1.8 times the value of forest products being exploited illegally, if damage of forest products in endangered species, rare, group IIA worth up to 20,000,000.

2. protective forest exploitation illegal a) for non-wood species endangered, rare, precious from Group IV to VIII: Group-fine from 700,000 to 1,000,000/m3/m3 if illegal mining to 5 m3;

-A fine of from 1,000,000 to 1,500,000/m3/m3 if unauthorized extraction from 5 m3 to 10 m3;

-Fine from 1,500,000 to 2,500,000/m3/m3 if unauthorized extraction from the factory to 10m3 on.

b) for non-wood species endangered, rare, precious from Group I to group III:-a fine of from 1,000,000 to 1,500,000/m3/m3 if unauthorized exploit to 3 m3;

-Fine from 1,500,000 to 2,000,000/m3/m3 if unauthorized tapping from top 3 m3 to 7 m3;

-Fine of 2,000,000 to 4,000,000/m3/m3 if unauthorized extraction from on 7 m3 to 10 m3.

c) for endangered species in wood, precious, rare group IIA:-fine of 2,000,000/m3 up to 3,000,000/m3 if unauthorized exploit to 2 m3;

-Fines from 3,000,000 to 3,500,000/m3/m3 if unauthorized extraction from over 2 to 4 m3 m3;

-Fine of 3,500,000/m3 up to 4,500,000/m3 if unauthorized extraction from above 4 m 3 up to 7, 5 m 3.

d) for firewood:-a fine from 200,000 to 300,000 VND/ste/ste if tapped to 15ste;

-A fine of 300,000 to 500,000 VND/ste/ste if mined from over 15 ste to 25ste;

-A fine of from 500,000 to 1,000,000 VND/ste/ste if mined from over 25 ste to 40ste.

DD) for forest plants and their parts in addition to wood, firewood:-fine from 1 to 1.4 times the value of forest products being exploited illegally, if damage forest products not belonging to endangered species, rare, valuable and precious to 25,000,000;

-A fine of from 1.5 to 2.5 times the value of forest products being exploited illegally, if damage of forest products in endangered species, rare, group IIA worth up to 15,000,000 Board.

3. unauthorized use of special forest exploitation a) for non-wood species endangered, rare, precious from Group IV to VIII: group-a fine of from 1,000,000 to 1,500,000/m3/m3 if unauthorized exploit to 3 m3;

-Fine from 1,500,000 to 2,000,000/m3/m3 if unauthorized tapping from top 3 m3 to 7 m3;

-Fine of 2,000,000 to 4,000,000/m3/m3 if unauthorized extraction from on 7 m3 to 10 m3.

b) for non-wood species endangered, rare, precious from Group I to group III:-fine of 2,000,000/m3 up to 3,000,000/m3 if unauthorized exploit to 2 m3;

-Fines from 3,000,000 to 3,500,000/m3/m3 if unauthorized extraction from on 2 m 3 to 4 m3;

-Fine of 3,500,000/m3 up to 4,500,000/m3 if unauthorized tapping from top 4 m3 to 7, 5 m 3.

c) for endangered species in wood, precious, rare group IIA:-fines from 3,000,000 to 4,000,000/m3/m3 if unauthorized tapping to 1.5 m3;

-Fine of 4,000,000 to 5,000,000/m3/m3 if unauthorized extraction from the 1.5 m3 to 3 m3;

-A fine from 5,000,000 to 7,000,000/m3/m3 if unauthorized tapping from top 3 m3 to 5 m3.

d) for firewood:-a fine of 300,000 to 400,000 VND/ste/ste when tapped to 10ste;

-A fine of 400,000 to 800,000 VND/ste/ste when tapping from top 10 to 20ste;

-A fine of 800,000 Dong/ste to 1,200,000/ste if mined from over 20 to 30 ste.

DD) for forest plants and their parts in addition to wood, firewood:-fines from 1.2 to 1.8 times the value of forest products being exploited illegally, if damage forest products not belonging to endangered species, rare, valuable and precious to 20,000,000;

-A fine of from 2 to 4 times the value of forest products being exploited illegally, if damage of forest products in endangered species, rare, group IIA worth up to 10,000,000.

4. in case of unauthorized exploitation forest young, not to calculate the volume, then measure the area been overharvesting to sanctions as defined in article 17 of this Decree; If the scattered mining does not calculate the area, then the sanction prescribed in clause 2 article 13 of this Decree.

5. in case of unauthorized exploitation of plants dispersed or concentrated plant unqualified acceptance of wood, then sanctions as specified in point d of paragraph 1 of this Article.

6. in case of unauthorized exploitation of wood left scattered on artisanal mining, Ray turns to illegal timber on the land for agriculture, artisanal wood is unauthorized, then the sanction prescribed in paragraph 1 of this Article.

7. Who have violations of the provisions of this Article also apply to a or the additional sanctions: a) confiscated exhibits, the media is using administrative violations.

b) deprived of the right to use a mining permit.

8. The person who violates the provisions of this Article also were forced to replant the forest or payment of the cost of planting a forest exploited again.

9. Forest State natural forests plantation or delivered by the capital budget, which is non-refundable aid to the management, protection and use of forestry purposes, if lack of responsibility to the unauthorized exploitation of the forest also sanctioned under the provisions of this Article.

Article 20. Violating regulations on management of animal protection, the forest is the hunting behavior, shoot, trap, catch; pets; jungle animal slaughter are not State bodies have the authority to allow or not properly implemented the provisions stated in the license.

The person who has infringed the rules of animal protection, management of forests sanctioned the following: 1. Caution or a fine from 5,000 to 100,000 fellow Council if one of the following violations: a) hunting forest animals in breeding season.

b) using the methods, tools, hunting is prohibited.

c) hunting forest animals in places with regulated hunting.

2. for forest animals not belonging to endangered species, rare, precious: a) fine from 1 to 1.5 times the value of exhibits is jungle animals or parts of them are worth up to 2,000,000.

b) fine from 1.6 to 2 times the value of exhibits is jungle animals or parts of them are worth 2,000,000 to 5,000,000 đồng from on board.

c) fine from 2.1 to 2.5 times the value of exhibits is jungle animals or parts of them valued at over 5,000,000; fines must not exceed 30,000,000 VND.

3. for forest animals belonging to endangered species, rare, group IIB: a) a fine of from 1.6 to 2 times the value of exhibits is jungle animals or parts of them have value to 1,000,000.

b) fine from 2.1 to 2.5 times the value of exhibits is jungle animals or parts of them valued at 1,000,000 to 2,000,000 VND VND on.

c) fine from 2.6 to 3 times the value of exhibits is jungle animals or parts of them valued at over 2,000,000; fines must not exceed 30,000,000 VND.

4. A fine of from 1 to 2 times the value of animal feed for the unauthorized acts of raising animals in forest endangered, rare, Group IB; the fine must not exceed 30,000,000 VND.

5. Who have violations of the provisions of this Article in addition to the fines, confiscated exhibits, means of administrative violations may also be deprived of license to use hunting rifles; deprived of registration certificates cause breeding jungle animals within a period of 1 year; Duke licensed restaurant business, hotels, art shops, souvenir shops within two years.

6. The person who violated the provisions in this Article are also forced to pay redress of pollution caused by administrative infringement.

Article 21. Transport of illegal forest products Is the behavior of the media control, media owners, the forestry products using media types, who on the transportation of forest products have no legal papers or have legal papers but between papers and forest products do not fit together.

Who have shipping acts of unauthorized forest products sanctioned as follows: 1. for the driver of a vehicle) caution or a fine from 5,000 to 500,000 Dong Dong for people directly transported illegal forest products (not used vehicles), or use the rudimentary transportation animal, bicycle, on the transportation of forest products.

b) fine from 500,000 to 2,500,000 VND VND for who controls the media type is motorcycles, motorcycle, vehicle shipping haul illegal forest products.

c) Who controls the transport of forest products in unauthorised specified in point a, b paragraph 1 of this article, then the sanction as follows:-for jungle animals not belonging to endangered species, rare, precious: + a fine of 0.5 to 0.7 times the value exhibits is jungle animals or parts of them are worth up to 2,000,000.


+ A fine of from 0.8 to 1 times the value exhibits is jungle animals or parts of them are worth 2,000,000 to 5,000,000 đồng from on board.

+ A fine of from 1 to 1.2 times the value exhibits is jungle animals or parts of them valued at over 5,000,000; fines must not exceed 30,000,000 VND.

-For jungle animals belonging to endangered species, rare, group IIB: + a fine of from 0.8 to 1 times the value exhibits is jungle animals or parts of them have value to 1,000,000.

+ A fine of from 1 to 1.2 times the value exhibits is jungle animals or parts of them valued at 1,000,000 to 2,000,000 VND VND on.

+ A fine of 1.3 times to 1.5 times the value of exhibits is jungle animals or parts of them valued at over 2,000,000; fines must not exceed 30,000,000 VND.

-For non-wood species endangered, rare, precious from Group IV to VIII group: + a fine of 250,000 to 350,000/m3/m3 if offense to 6m3.

+ A fine of 350,000 to 550,000/m3/m3 if the violation from on 6 m3 to 15 m3.

+ A fine of 500,000 to 1,000,000/m3/m3 if the violation from on 15 m3; fines must not exceed 30,000,000 VND.

-For non-wood species endangered, rare, precious from Group I to group III: + a fine of 300,000 to 500,000/m3/m3 when the offense to 4 m3.

+ A fine of 500,000 to 700,000/m3/m3 if the violation from on 4 m3 to 10 m3.

+ A fine of 700,000/m3 up to 1,300,000/m3 if violations from over 10 m3; fines must not exceed 30,000,000 VND.

-For wood in endangered species, rare, group IIA: + a fine of 700,000 to 1,000,000/m3/m3 if offense to 3 m3.

+ A fine of 1,000,000/m3 up to 1.4 million/m3 if the violation from on 3 m3 to 6 m3.

+ Fined 1,200,000/m3 to 1,800,000/m3 if the violation from on 6 m3; fines must not exceed 30,000,000 VND.

-Plant forest and parts of them out in the endangered species, rare, group IIA sanction from 1 to 2 times the value of exhibits; fines must not exceed 30,000,000 VND.

d) Who controls the transport of forest products is an unauthorized server forest products or has no basis to identify unauthorized transport of forest products is of people sanctioned as specified in point a or point b or c this paragraph and also sanctioned under the provisions of paragraph 3 of this Article.

2. for the Home Media Server means sanctioned under the provisions of paragraph 1 of this article (except vehicles hijacked, unauthorized use).

3. For forest products: a) the Server transport forest products forestry products do not have proof of legal forest products then sanctioned as follows:-for jungle animals or parts of them not in the endangered species, precious, rare sanction prescribed in clause 2 article 20 of this Decree;

-For jungle animals or parts of them belonging to endangered species, rare, group IIB sanctions prescribed in paragraph 3 article 20 of this Decree;

-For non-wood species endangered, rare, precious from Group IV to VIII group sanction prescribed in clause 1 Article 23 of this Decree;

-For non-wood species endangered, rare, precious from Group I to group III sanction prescribed in clause 2 Article 22 of this Decree;

-For wood in endangered species, rare, group IIA sanctions prescribed in Article 22 paragraph 3 of this Decree;

-Plant forest and parts of them out in the endangered species, rare, group IIA sanction from 1.5 to 2.5 times the value of exhibits; fines must not exceed 30,000,000 VND.

b) transport timber case papers and legal origin but the volume of timber transported beyond the error of allowing the sanction part exceeds the error allowed under the provisions of paragraph 1 of this article.

c) forest products transport forest products sourced legally but fail the State's current regulations on order management procedure then sanctioned under the provisions of article 23 of this Decree.

4. People who have violations of the provisions of paragraph 1, 2, 3 this also be applied one or the additional sanctions: a) deprived of the right to use the license, CITES certificates, special transport permit; deprived of the right to use the driving licence within a period of 6 months.

b) confiscated exhibits for violations of the provisions of paragraph 1 and point a, b paragraph 3 of this article.

c) confiscated transportation, unauthorized forest products (except vehicles which were seized, unauthorized use) in one of the following cases:-the organized breach;

-Repeat infringers or re-offending;

-The offense against the person on duty;

-Use double bottom compartments, two, two, the car hood no registration by the competent State agencies, wearing pseudo number plates or modified to convert cars to unauthorized transport of forest products.

-The consequences of the violation by the volume or value of forest products by money as follows: + for the wood not in endangered species, rare, Group IV to VIII group from 1, 5 m 3; Group I to group III from 1m3;

+ For wood in endangered species, rare, group IIA from 0, 5 m 3; Group IA (where did the prosecution moved back to administrative punishment records) from 0, 3 m 3;

+ Plant forest and parts of them (apart from the wood) of endangered, rare, group IIA have value from 15,000,000 VND; Group IA have value from 10,000,000 VND;

+ For forest animals not belonging to endangered species, rare, or parts of them have values from 2,000,000 VND; endangered, rare, group IIB or parts of them have values from 1,500,000 VND; endangered, rare, Group IB or parts of them (where did the prosecution moved back to record administrative sanctions) valued at 1,000,000 VND and above.

5. Who have violations of the provisions of this Article may be applied once or remedial measures: a) Forced to pay salvage or destroyed for wild animals were injured or killed, the costs drop to wildlife on the natural environment.

b) force passengers to or payment of the cost of bringing passengers to the dock if the passenger vehicle is used to transport forest products.

Article 22. Buy, sell, hiding, processing and trading of forest products to unauthorized acts of buying, selling, processing, hiding, illegal forest products business is the conduct of this behavior without legal papers or have legal papers but not right with content that papers or without license in case law to have a license.

People behaving buying, selling, storing, processing and trading of forest products illegally sentenced as follows: 1. With respect to the acts of buying, selling, storing, processing, wooden business not in endangered species, rare, from group to Group IV VIII: a) a fine of 500,000 to 700,000/m3/m3 if offense to 6m3.

b) fined 700,000 to 1,000,000/m3/m3 if the violation from on 6 m3 to the factory.

c) a fine of 1,000,000 to 2,000,000/m3/m3 if the violation from on 15 to 20 m3 m3.

2. With regard to acts of buying, selling, storing, processing, wooden business not in endangered, rare, precious from Group I to group III: a) a fine of 700,000 to 1,000,000/m3/m3 when the offense to 4 m3.

b) a fine of 1,000,000 to 1,500,000/m3/m3 if the violation from on 4 m3 to 10 m3.

c) a fine of 1,500,000 to 2,500,000/m3/m3 if violations from over 10 m3 to 15 m3.

3. With regard to acts of buying, selling, storing, processing, trading in endangered species, rare, group IIA: a) a fine of 1,500,000 to 2,000,000/m3/m3 if offense to 3 m3.

b) fine of 2,000,000/m3 up to 2,500,000/m3 if the violation from on 3 m3 to 6 m3.

c) fine of 2,500,000/m3 up to 3,500,000/m3 if the violation from on 6 m3 to 10 m3.

4. With regard to acts of buying, selling, storing, processing and trading of forest animals or parts of them, sanctions under the provisions of article 20 of this Decree.

5. The person who violated the provisions in this Article, in addition to fines also seized forest products.

Article 23. Violation of the administrative procedure in buying, selling, transporting, processing, trading, storing wood products 1. A fine from 500,000 to 2,000,000 copper copper processing facilities for home, business, buy, sell forest products are not recorded in the log book import, export of forest products under the provisions of the law.

2. A fine from 100,000 to 200,000/m3/m3 but must not exceed 10,000,000 Council for forestry products shipped, buy, sell, store in natural forest wood legal origin but fail the State's current rules on order and management procedures.

A fine of 30,000 to 50,000/m3/m3 but must not exceed 5,000,000 VND for home shipping forest products, buy, sell, store the wood plantations, timber garden originated legally but fail the State's current rules on order and management procedures.

3. A fine of from 0.1 to 0.2 times the value of forest products, but must not exceed 5,000,000 VND for forest products processing, trading, transporting, buying, selling jungle plants and their parts (wood) of endangered, rare, group IIA; jungle animals and their parts due to the cause of raising the legal origin of non observance of the regulations of the State on the order management procedure.

Chapter III the AUTHORITY SANCTIONING ADMINISTRATIVE VIOLATIONS to article 24. The authority sanctioning administrative violations of the Ranger 1. Park Rangers are on duty have the right caution or impose a fine of up to 100,000 dong.

2. The Station Chief Ranger Stations have the right to caution or a fine of up to 2,000,000; confiscated exhibits, the means used to administrative violations worth up to 10,000,000.

3. The seed head Nuts foresters, forest ranger special purpose Seed, nuts foresters, forest ranger captain maneuver and fire, forest fire, have the right to caution or a fine of up to 10,000,000; confiscated exhibits, the media is using administrative violations worth up to 20,000,000; apply remedial measures prescribed in clause 2, clause 5 article 6 of this Decree.


4. The genus FPD Chief, Captain of the Ranger task group has the right to caution or a fine of up to 20,000,000; deprived of the right to use the license specified in point b of paragraph 7 article 19, paragraph 5, point a article 20 article 21 paragraph 4 of this Decree; confiscated exhibits, the media is using administrative violations; apply remedial measures prescribed in article 6 of this Decree.

5. the Director has the Power Rangers caution or impose a fine of up to 30,000,000 VND; deprived of the right to use the license specified in point b of paragraph 7 article 19, paragraph 5, point a article 20 article 21 paragraph 4 of this Decree; confiscated exhibits, the media is using administrative violations; apply remedial measures prescribed in article 6 of this Decree.

Article 25. The authority sanctioning administrative violations of the people's Committee Chairman level 1. Chairman of people's Committee of social rights has a caution or a fine of up to 500,000; confiscated exhibits, the media is using administrative violations worth up to 500,000; apply remedial measures prescribed in clause 2 article 6 of this Decree.

2. President of the district-level people's committees have the right to caution or a fine of up to 20,000,000; deprived of the right to use the license specified in point b of paragraph 7 article 19, paragraph 5, point a article 20 article 21 paragraph 4 of this Decree; confiscated exhibits, the media is using administrative violations; apply remedial measures prescribed in article 6 of this Decree.

3. The Chairman of the provincial people's Committee has the right to caution or a fine of up to 30,000,000 VND; deprived of the right to use the license specified in point b of paragraph 7 article 19, paragraph 5, point a article 20 article 21 paragraph 4 of this Decree; confiscated exhibits, the media is using administrative violations; apply remedial measures.

4. Bodies at local level the Rangers are responsible for General People's Committee at the same level in the sanctioning of administrative violations under the authority provided in this Article.

Article 26. Authorised sanctioning administrative violations 1. In case the authority sanctioning administrative violations stipulates in paragraph 3, 4, 5 article 24 and article 25 of this Decree is absent shall be authoritative for the deputies. Authorized users are responsible to follow the authority of the Chief level and responsible before the law about administrative sanctions.

2. The authorization must be made in writing; can authorize each incident or the authorized term.

Article 27. Determining the right sanctioning administrative violations 1. The authority sanctioning administrative violations stipulates in article 24, 25 of this Decree is the authority to apply for an administrative violation.

2. Authority to a fine to be determined based on the maximum level of penalty framework prescribed for each administrative violations.

3. In the case of a sanction people who perform many of the administrative violation, the sanction authority is determined according to the following rules: a) If form, the level of fines for each violation are under the jurisdiction of a sanction, the sanction authority titles still in that position.

b) If form, the level of punishment for one of the administrative violations exceeded the authority sanction of the sanction, that person must transfer the violations to the competent sanctions.

c) If the administrative violation under sanctions by many people in different fields, the competent people's Committee in the sanction authority in the place where the violation occurred.

4. The relevant authorities such as the police, border guard, customs, taxation, market manager, the Inspector is responsible to coordinate closely with the Rangers during the inspection, the Inspector, prevent the administrative violations in the field of forest management, forest protection and management of forest products. When the administrative violations must be established as regulations thereon and within 5 days from the date of establishment of the minutes to transfer records, exhibits, the means used to administrative violations to the Rangers the same level of sanction; If violations are not under the control of his sanctions then after the reception, the Rangers moved to sanction authorized under the provisions of article 24 and article 25 of this Decree. The case of the province, the district Ranger, no agency of the violations by the authorities to arrest, moved to the Office of the people's Committee of the district people's Committee, to advise the President of the people's Committee that level sanctions under authority. The Agency handles violations are responsible for payment for the transfer agency records at reasonable costs in the course of arrest, preserved exhibits.

Article 28. Solve the case beyond the authority sanctioning administrative violations 1. In the case of fines for violations or exhibits, means of service violation have value beyond the jurisdiction of the sanctions level, then the people were accepting the records violations must transfer the entire profile violations to the authority to sanction within the time limit prescribed in article 37 of this Decree. Moving violations records prescribed as follows: a) violation cases beyond the jurisdiction to sanction of the wardens, then moved to the heads directly.

 b) violation cases beyond the jurisdiction to sanction the station's Chief Ranger Station, the Chairman of the Committee, the township-level people's move to Chief Ranger District-level Seed Beads or Bead head Beads forest ranger special purpose; The seed head Nuts foresters protective forest management areas (here written as Nuts foresters).

c) violation cases beyond the jurisdiction to sanction of the seed head Nuts foresters then moved to the genus FPD Chief or President of the people's committees at district level where handling infringement occurs.

d) case goes beyond the authority of the captain of the Rangers and fire, forest fire, then transfer the Bureau Chief FPD sanction.

DD) violation cases beyond the jurisdiction to sanction of the President of the people's Committee at district level, Bureau Chief, the Rangers moved to the people's Committee Chairman granted the sanction.

e) When it deems necessary, supervisor of the agency system can Rangers retrieved the administrative violation under the jurisdiction of the sanction under level up themselves to handle.

2. Moving violation records to the authority sanction is made through the agency system. Forest products, the media breached are custody, custody decisions are preserved at the place of custody, pending sanction of the competent bodies. After you have decided to sanction, the Rangers have a responsibility to follow the decision to sanction it.

Chapter IV APPLY MEASURES TO PREVENT Article 29. Visit people, detain people under administrative procedures 1. Visit the following administrative procedures, comply with the provisions of article 47 of the Ordinance on handling administrative violations.

2. the custody under administrative procedures made under the provisions of articles 44, 45 of the Ordinance on handling administrative violations and Decree No. 162/2004/ND-CP of June 7, 2004 of the Government issued provisional regulations to keep people under administrative procedures.

Article 30. Visit the means of transport, objects When there are grounds for review that the means of transport, including containers, bags ... There are hiding illegal forest products, the captain of the Rangers, task, Chief Ranger District-level Grain Seeds, seeds of forest ranger special purpose, nuts foresters, forest ranger captain maneuver and fire forest fire, Rangers perform the task of checking, control of forest products, the use of the flag, the signal, whistle, or flashlight (dark) signal requires the driver of vehicles on roads, waterways stops to control the forest products. The visit means, objects made according to the provisions of article 48 of the Ordinance on handling administrative violations.

Article 31. Visit places of hiding evidence and means of administrative violations of those provisions of article 45 Ordinance handling administrative violations in the Rangers and other authorities specified in article 27 paragraph 4 of this Decree, when performing inspection authority, check in the field of forest management , forest protection and management of forest products was the right decision to visit the scene of the forest, where hiding forest products, means of administrative violation according to the provisions of article 49 of the Ordinance on handling administrative violations.

In the case of hiding place visit exhibits, means of administrative violations is where in the screening decision must be agreed in writing by the Chairman of the people's Committee at district level before proceeding. Accommodation in regulation in this location is used to populate frequently for personal or household has a permanent residence or temporary stay; for media registration, if the media is the place of residence of the individual, the household.

Article 32. Custody exhibits, means of administrative violations 1. The captain of the Rangers, task, Chief Ranger District-level Grain Seeds, seeds of forest ranger special purpose, nuts foresters, forest ranger captain maneuver and fire, forest fire and others specified in article 45 and article 46 Ordinance handling administrative violations have the right to temporarily hold the exhibits means of administrative violations.

The custody exhibits, means of administrative violations made according to the provisions of article 46 of the Ordinance on handling administrative violations.

2. The time of custody means administrative violations as follows: a) for the case of simple, obvious violations, do not need to verify more then the time of custody means the administrative infringement not exceeding 10 days.

b) for complex cases, should proceed to verify the time of custody means administrative violations was extended but must not exceed 60 days from the date of the custody means of administrative violations.

Duration of custody means administrative violations specified in points a, b, paragraph 2 of this Article are in working days, not including days off as provided by the law.

Chapter V PROCEDURE for SANCTIONING ADMINISTRATIVE VIOLATIONS ENFORCEMENT SANCTION DECISION CHÍNHVÀ Article 33. Suspension of administrative violations


When the administrative violations stipulates in articles from article 8 to article 23 of this decree or the activities of the individual, the Organization risks causing forest fires, causing damage to the forest, the authorized person must have the sanction process to suspend this activity immediately. Process suspension could be decided in writing or verbally, Horn, signals or other forms depending on specific violations. After processing the suspend the activities that cause harm to the forest, the Rangers must immediately report the heads of his direct superior.

Article 34. Sanctioning administrative violations by the simple procedure is case authority sanctions cannot set the minutes that a decision fining.

1. These cases are conducted under a simple procedure of sanction: a) administrative violations fines that regulations be warned or fined up to 100,000 dong.

b) Numerous administrative violation by a person who made that penalties prescribed for each of this behavior is the caution or impose a fine of up to 100,000 dong.

2. The decision to sanction the administrative violation according to the simple procedure must be written according to the form prescribed. Individuals, organizations may submit sanctioned penalties in place to sanction and authority received the receipts by the Ministry of Finance issued the fine.

Article 35. Set the minutes about administrative violations 1. Authority sanctioning administrative violations when detected violations of the law must promptly set up the minutes of the administrative violation according to the provisions of article 55 of the Ordinance on handling administrative violations, unless sanctioned by a simple procedure stipulated in article 54 of the Ordinance on handling administrative violations. In the case of established thereon without authority to sanction the heads of who it is who has the authority to sanction must sign the minutes, if necessary, then proceed to verify before signing the minutes.

2. With respect to the function body defined in article 27 paragraph 4 of this Decree, when administrative violations in the field of forest management, forest protection and management of forest products then proceed up the minutes, hold exhibits, means of administrative violations, the Agency transferred to Rangers as a rule. Thereon by the function body, the transfer is the basis for sanctioning of administrative violations.

3. for forest owners, when the fruit tang individuals, organizations are implementing administrative violations in his Department of forest management is the right of custody, record-setting offense handed, led the tournament violated, to hand over the records, the breach to the Rangers or the social people's Committee Ward, the town where the violation occurred. Minutes of offense handed by the forest formed the basis for the competent agency sanctions set up the minutes of administrative violations.

4. in case of discovery exhibits, media owners, violation are the provisions in clause 1, 2 of this record-setting check, hold exhibits, means of offense and the investigation, identify violators to handle under the provisions of the law.

The forest owner is responsible for coordination with the Rangers to set the minutes examine the exhibits, media owners, away at home. The processing of forest products owners, absent for the forest owner as defined in Article 43 of this Decree.

Article 36. The decision sanctioning administrative violations.

1. After determining the behavior, the extent of the violation, the person has the authority to sanction based on the elements provided for in article 3 of this Decree to consider, decide the form and the level of penalty for each violation.

2. How to determine the level of a fine) When a fine, level specific fines for administrative violations with no aggravation or mitigation is the average of the frame of penalties are prescribed for that behavior. The average of the frame of the fine is determined by dividing the total number of double the minimum fine level plus the level of maximum fine fine frame; the case of the fine according to the number of times the value of forest products, the determined by dividing the total number of double the minimum number of times plus the maximum number of times that their fine frame.

b administrative violations) that the level of penalties prescribed under the unit square meter (m2), cubic metres (m3), the tree, the value of forest products, the calculation of the level of the average fines as art. 2 of this then multiplied with the area or volume or number of plants or the value of forest products.

c) violators have extenuating or aggravating to be determined the level of the average fines prescribed in points a and b of paragraph 2 of this article, then depending on the specific circumstances that reduce or increase the fine level than average but not decrease is lower than the lowest level of human fine frame with an area or volume or number of trees or reviews treatment of forest products violate or do not increase too high-the highest level of human fine frame with an area or volume or number of plants or the value of forest products in violation and not to exceed 30,000,000 VND.

3. decision sanctioning administrative violations must ensure proper jurisdiction, in the right format, sequence, procedure and correct form prescribed. The content of decision sanctioning administrative violations must be fully under the provisions of article 56 of the Ordinance on handling administrative violations. Cases of application of the provisions in paragraph 4 to article 45 of this Decree shall specify in the decision to sanction.

Article 37. The time limit for a decision sanctioning 1. The time limit for a decision to sanction a) for the case of simple, obvious violations, do not need to verify more then have to sanction decision within a period not exceeding 10 working days from the date of establishment of the minutes of administrative violations.

b) for service having more complex as exhibits, the media needs assessment, it should clearly define the object of administrative violations or other complex details, the time limit for a decision to sanction not exceeding 30 days from the date of establishment of the minutes of administrative violations.

Case if needed more time to verify, collect evidence, then at the latest 10 days before the expiry of sanctions, the authority sanctioning administrative violations must do report writing up the superior responsibility extend to renewals; the maximum grace period not exceeding 30 days.

c) the time limit for a decision to sanction are in working days, not including days off as provided by the law.

2. The order to renew the sanctions decision deadline as follows: a the Chief District Ranger Grain Particles) extend for violations under the authority of the Chief Stations sanctioned Ranger Stations directly.

b) Bureau Chief FPD extension for violations under the authority sanctioning of the captain of the Rangers and fire, forest fire, Chief Ranger District-level Seed Beads, seed Beads, special-purpose forest ranger captain, Chief forest ranger Beads Beads.

c) President of the people's Committee of the district-level extension for violations under the authority of the Chairman of the sanctions Committee on the people level.

d) Chairman of the provincial people's Committee renewed for violations under the authority of the Chief sanction FPD and Chairman of people's Committee at district level.

DD) Chief Ranger extended for violations under the authority sanction of the task Rangers Team and for his violation sanction.

3. The case is not the decision to sanction a) out of the time limit as stipulated in art. 1 of this article.

b) Was the expiry of decision sanctions specified in point b of paragraph 1 of this article that does not request or request but are not authorized to allow the extension.

c) Have expiry are renewed authority.

4. In the absence of a decision to sanction, the competent person may still decide to apply remedial measures prescribed in article 6 of this Decree and confiscated forest products is evidence of administrative violations.

Article 38. The decision forced remedial; confiscated exhibits administrative violations in the absence of a decision sanctioning administrative violations 1. In case of exceeding time limits sanctions prescribed in article 4 of this decree or too time limit decision sanctioning administrative violations stipulates in paragraph 3 Article 37 of this Decree, the competent sanctions is not sanctions, but the decision could still decide to apply remedial measures according to the violations of the provisions of chapter II of This Decree.

The decision forced the remedial writing according to the prescribed form.

2. In the absence of a decision to sanction due to the deadline, competent person could still sanction the decision to confiscate forest products is exhibits administrative violations.

The decision to confiscate exhibits administrative violations in the case too the time limit decision sanctioning administrative violations must be in writing in accordance with the prescribed form.

Article 39. Determine the value of the exhibits, means of administrative violations 1. After the custody proceeding exhibits, means of administrative violations, if found need to confiscate exhibits means violation of the custody decision has to invite a representative of the financial bodies of the same level to consider, valuation of exhibits, means of administrative violations. If exhibits, means of administrative violations in the sort of difficult valuation or not have opinions between decision of custody and financial agency representatives, the decision to temporarily keep the exhibits, means of administrative violations to Council of valuation with the participation of the auction service centre provincial level and representatives of relevant agencies to valuation.

The case exhibits is the type of forest products had in regulating the price of provincial people's committees shall apply under price regulation.

2. The value of exhibits, means of administrative violations are determined as specified in paragraph 1 of this article is to identify the authority confiscated exhibits, means of administrative violations.

Article 40. Signed and stamped the decision sanctioning administrative violations 1. The decision sanctioning administrative violations by the authority sanctioning administrative violations and who is authorized to sign in directly, not sign on behalf of (T/M) or replace (KT).

2. Seal the decision sanctioning administrative violations


a) authority sanctioning administrative violations and who is authorized to sanction administrative violations were bodies who have authority to sanction for that behavior. The seal was close up 1/3 of the signature to the left of the signature.

b) decided to sanction of authority sanctioning administrative violations but does not have the authority to directly stamp then decided to sanction is stamped by agency decision sanctioning on the left corner at the top of the decisions, where burn Vatican agency name and number, the symbol of the sanction decision.

Article 41. Currency lodging, fine 1. Collecting fines a) the State Treasury is responsible for organizing money filed administrative violations, ensure convenience for the forfeit. The collection of administrative violation fines are based on decision sanctioning administrative violations of the authority sanction prescribed in the Ordinance on handling administrative violations.

b) authorized sanctions be levied the fines in place in the following cases:-a fine from 5,000 to 100,000 Dong Dong;

-Sanctions outside of the Administration;

-Location sanction in distant places, Outback, on the River, on the sea or the region in which the walking difficulties. 

c) individual cases, the offending organization cannot afford the filing penalties in place to pay the money in the State Treasury according to stipulations. Authorized person responsible assigned sanction decision sanctioning administrative violations for individual, organization sanctioned sends the decision sanctioning administrative violations for the State Treasury where collecting fines within 3 working days from the date of the decision to sanction.

2. The time limit for submission of the fines a) individual, the organization collecting spot fines for administrative violations when fine into the State Treasury to ensure submission of true enough total fines recorded in the receipts for the fine and the decision to sanction the violation of administrative authority within 10 working days from the date of collecting fines.

b) where location sanctioning administrative violations in the remote outback, or what the travel difficulties, the authority sanctioned was allowed to collect fines on the spot and is responsible for submitting the fines collected in the State Treasury within a period not exceeding 7 days from the date of collecting fine; the case of the person sanctioned is not likely to forfeit in place then follow the provisions in paragraph 3 of this article.

c) where location sanctioning administrative violations in the River, the sea, the authority sanction was fines in place and is responsible for submitting the fines collected in the State Treasury within a period not exceeding 10 working days from the date on to the shore. Case of non-submission of the fine on the spot, the individual, the organization sanctioned to pay money into the State Treasury within a period not exceeding 10 working days from the date on to the shore.

3. where does not collect fines on the spot (unless otherwise specified in point c of paragraph 2 of this Article), the individual, the organisation must fully sanctioned penalties in the State Treasury to be recorded in the sanction decision within a period not exceeding 10 days from the date of the decision on sanctions.

The State Treasury where collecting fines are responsible for timely notification to the organisation of the sanction decision on the case was too fine deadlines by which individuals, organizations not sanctioned the right executive decision sanctioning administrative violations to comply under the provisions of the law.

4. Management and use of money collected on administrative violations a) proceeds from sanctioning administrative violations in the State budget through the open account in the State Treasury.

b) use of administrative violation fines already paid into the State budget to support funding for the agencies, the organization handling administrative violations must be in accordance with the provisions of the law on the State budget.

Article 42. Deprived of the right to use the license, certificate of practice 1. Deprived of the right to use the license, certificate of practice is the additional sanctions, to be applied to the main penalty form enclosed in the following cases: a) violations of the provisions of article 19 of this decree that the level of the average fines on 10,000,000.

b) violations of the provisions of article 20, article 21 of this decree that the level of the average fines on 5,000,000.

2. Who has the authority to sanction administrative infringement is authorized person deprived of the right to use the license, certificate of practice for violators. Within 3 days from the date the decision sanctioning administrative violations, who sanction decisions are notified in writing to the licensing authority, the certificate of practice about the sanctions applied were deprived of the right to use the license, certificate of practice.

3. procedure deprived the right to use the license, certificate of practice made under the provisions of article 59 of the Ordinance on handling administrative violations.

43 things. Handle the case of violation by the forest owners set the minutes 1. Who have unauthorized forest exploitation acts dealt with under the provisions of article 19 of this Decree.

2. Forest products confiscated returned home forests in the following cases: a) the forest discovery caught the breach in forestry.

b) forest not be handed the offense, but has enough proven base of forest products in the forest planting, tending forests by forest owners dispose of capital planting, care, protect.

Article 44. Handling of exhibits, means of administrative violations 1. Exhibits, means of administrative violations custody: for exhibits is fresh items, jungle animals are weak, hurt not heading IB or other fresh products not belonging to Group IA, the authority sanctioning conduct formed thereon and the Organization sold under the price regulation of the provincial people's Committee. The proceeds are deposited into your account in the State Treasury. If then exhibits seized by decision of the competent person, after deducting the costs according to the provisions of the law, the remaining amount filed the State budget; the case exhibits that are not seized, the proceeds payable to the owner, Manager or legal use.

2. for exhibits, means of administrative violation confiscated: a) the Ministry of agriculture and rural development, guide the handling of exhibits is processed after the forest animals confiscated.

b) where violators voluntarily paid by the value of forest products confiscated (by price regulation of the provincial people's Committee) then the authority sanction, filed the State Treasury and leaving the forest products seized, except the kind of forest products in endangered species, precious, rare in Group IA , IB and type of forest products processing as defined in point a of paragraph 2 of this.

c) means violating the seizure of poor quality, use expiry under the provisions of the law, the FPD organized, in cooperation with the financial institutions of the same level and the relevant bodies established thereon held sold for scrap or destroyed.

d) for exhibits, means of administrative violation confiscated not specified in clause 1 or the points a, b account 2 this treats the following:-within 5 working days from the date of seizure impoundment State Fund, for exhibits, means of administrative violations, the Agency decides to send the decision to confiscate and notice to financial institutions of the same level.

-Within 10 working days from the date of the decision to confiscate exhibits, means of administrative violations, FPD organized, in cooperation with the financial institutions of the same level and the related industry auction organization within a month. This period too that coordinating agencies are invited not to or to not full to the auction organizer shall FPD auction organization, paid into the Treasury, then inform financial institutions of the same level.

DD) The province, the district has no Rangers and forestry agency after handling confiscated delivered to financial institutions of the same level to the selling organization under current rules.

Article 45. Executive decision sanctioning administrative violations 1. After the decision to sanction, the person has the authority to sanction the decision for the sanction or notice to that person to get. The case was over a year that the person has the authority to decide on sanctions to people who then sanctioned the decision to sanction the decision to suspend enforcement of the decision with respect to that person, except in the form of confiscated exhibits, means of administrative violations.

2. decision sanctioning administrative violations must be accepted within 10 days from the date the person has sanctioned violations assigned administrative sanction decision, unless postponed enforcement of the sanction decision as specified in article 65 Ordinance on handling administrative violations.

3. in individual cases, implementation of administrative violations in the administrative units in this province but residents, headquartered in the other and no executive conditions decided to sanction in place of sanctioned then decided to be transferred to the Agency the same level where individual the headquarters organization, to organize the implementation. If the place of residence, personal organizer based no agency the same level then decided to sanction was moved to the people's committees at district level to organize implementation.

Violation occurred in geographical districts within a province in the region of mountains, Islands or remote regions that travel trouble, personal organization, violates no executive conditions where sanction decisions sanctioned then decided to be transferred to the Agency the same level where individual the headquarters organization, to organize the implementation.

4. where to apply fine form against violators without confiscating vehicles, then the competent person has the right of custody sanction circulation of media licenses, driving licenses, necessary paperwork or other related media violations custody until all those in violation of Executive sanctioned done decide sanction.


The detention means administrative violations to ensure enforcement of punishment decisions must be recorded in the decision to sanction and to establish a means of custody for the media control, media owners and must specify the reason for custody. Custody time media is applied until the offense finished Executive sanctioned the decision to sanction. Immediately after the Executive sanctioned violations is completed, the sanction decision authority sanctioning the return means for violators.

Article 46. Coercive enforcement of the decision sanctioning administrative violations 1. So the Executive term decision sanctioning administrative violations stipulates in paragraph 2 Article 45 of this Decree, if the person sentenced does not voluntarily accept the Administration comply.

2. The coercive enforcement of the decision sanctioning administrative violations carried out according to the provisions of article 66, 67 of the Ordinance on handling administrative violations and Decree No. 37/2005/ND-CP dated 18/3/2005 of the Government regulatory procedures apply coercive measures to enforce the decision sanctioning administrative violations.

Article 47. Moving violations records signs so crime criminal responsibility 1. When considering violations to decide the punishment, if found violations of criminal signs, then the person has the authority to prosecute criminal cases or transfer the records to the criminal authorities.

Prohibiting the withholding of violations of criminal signs to administrative sanctions.

2. for the case was a decision sanctioning administrative violations, if later discovered violations of criminal signs yet that time prejudice the criminal responsibility of the person who has the decision sanctioning administrative violations must quash that decision and within three days from the date of the cancellation decision sanctioning administrative violations, to transfer records to the body conducting the criminal proceedings.

3. The agency conducting the proceedings are not denied receiving the record in the case prescribed in clause 1, 2 of this thing. The case has enough base not enough violations to the elements constituting the crime, the agency conducting the proceedings must do a full procedure according to the provisions of article 63 Ordinance on handling administrative violations and the other provisions of the law, the transfer of records to the competent authority for sanctioning administrative violations.

Chapter VI COMPLAINTS, accusations, HANDLING of breach of article 48. Complaints: complaints, accusations, accusations and complaints, accusations made under the provisions of the law on complaints and denunciation.

Article 49. Handle violation for competent handling of administrative violations authority sanctioning administrative violations that harassment, not timely, not sanctions, covering for the violation, the sanction beyond jurisdiction, appropriating, unauthorized use of money, exhibits, means of violating , intentionally obstruct the circulation of goods, production of forest products, depending on the nature and extent of the violation will be handled or prejudice criminal liability; If the cause of damage is compensated according to the provisions of the law.

Chapter VII ENFORCEMENT PROVISIONS article 50. The Decree has effect after 15 days from the date The report and replacing Decree 139/2004/ND-CP dated 25 June 2004 by the Government on sanctioning administrative violations in the field of forest management, forest protection and management of forest products.

The administrative violations in the field of forest management, forest protection and management of forestry, established thereon before the Decree has effect but not yet processed, then the sanction under the provisions of this Decree.

The violations of the sanctions decision was in effect enforces the Executive or Executive but yet unfinished still enforced by decision sanctioning it.

Article 51. The Minister of agriculture and rural development is responsible for the Organization, direction, regulation of Indian samples only to give the Rangers throughout the country use and implementation of this Decree. In the process if there are obstacles, then instructions to perform unity as prescribed by law.

Article 52. The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the central cities, is responsible for the implementation of this Decree.