THE GOVERNMENT

Decree No.  40/2015/ND-CP dated April 27, 2015 of the Government amending and supplementing a number of articles of the Decree No. 157/2013/ND-CP dated November 11, 2013 of the Government on penalties for administration violations on regulations of forest management, development, protection and forest product management
Pursuant to the Law on Government organization dated December 25, 2001;
Pursuant to the Law on Forest protection and development dated December 03, 2004;
Pursuant to the Law on Actions against administrative violations dated June 20, 2012;
At the request of the Minister of Agriculture and Rural development,
The Government promulgates the Decree amending and supplementing a number of articles of the Decree No. 157/2013/ND-CP dated November 11, 2013 of the Government on penalties for administration violations on regulations of forest management, development, protection and forest product management
Article 1. To amend a number of articles of the Decree No. 157/2013/ND-CP dated November 11, 2013 of the Government on penalties for administration violations on regulations of forest management, development, protection and forest product management
1. To amend the Article 1 as follows:
“This Decree deals with the violations, administrative penalties, fines and remedial measures for the administrative violation, the persons entitled to make violation record, impose penalties and the penalties they can impose upon administrative violation against the regulation on forest management, development, protection and forest product management.
This Decree is not applicable to forest animals/plants included in the List of species being precious and endangered subject to prioritized protection according to Government’s regulations.”
2. To amend Clause 2 of Article 3 as follows:
“2. Forest products are products of plants and animals, derivatives and parts thereof that grow in the forest (including both indigenous and alien aquatic animals allowed by competent authorities to be growth at the ponds, lakes, rivers or streams in the forest).”
3. To add Clause 9 to Article 3, specifically as follows:
“9. Forest environmental service mentioned in Article 9a of this Decree includes:
a) Land protection, erosion reduction and sedimentation of lakes, rivers and streams;
b) Regulation and maintenance the source of water for production and social life;
c) Forest carbon absorption and retention, reduction of greenhouse gas emissions by preventive measures for forest degradation, forest area decrease and sustainable development;
d) Protection of natural landscape and biodiversity conservation of eco-systems for tourism services;
dd) Provision of spawning grounds, sources of feed and natural seeds, use of water from forests for aquaculture.”
4. To add Clauses 4, 5, 6 and 7 to Article 4, specifically as follows:
“4. Sign the contract on payment for forest environmental service.
5.  Enumerate the charges for forest environmental service.
6. Pay sufficiently the payment for forest environmental service and the interest due to the late payment (if any) in proportion to the amount and duration of the lateness.
7. Pay sufficiently the charge for forest environmental service to the entities in charge of forest protection according to the signed contract.”
5. To amend Clause 1 of Article 7 as follows:
“1. The fines prescribed in Chapter II of this Article are incurred by individuals (except for the violations specified in Clause 4 Article 9a of this Decree); the fines incurred by organizations are twice the fines incurred by the individuals having similar violations.
6. To add Point d to Clause 10 of Article 22, specifically as follows:
“d) Products of forest animals not belonging to group IB, derivatives and parts thereof that value exceeding VND 100,000,000.”
7. To add Point d to Clause 10 of Article 23, specifically as follows:
“d) Products of forest animals not belonging to group IB, derivatives and parts thereof that value exceeding VND 100,000,000.”
8.To add Article 9a to the Decree as follows:  
“Article 9a. Violations against regulations on payment for forest environmental service
1. Any entities that uses forest environmental service without contract on payment for 3 months shall incur the penalties below:
a) Fines of from VND 500,000 to VND 1,000,000 shall be imposed on entities not signing the contract with the owner of forest used for forest environmental service provision, applicable to direct payment;
b) Fines of from VND 10,000,000 to VND 20,000,000 shall be imposed on entities not signing the contract with the forest protection and development funds of provinces, applicable to indirect payment;
c) Fines of from VND 40,000,000 to VND 50,000,000 shall be imposed on entities not signing the contract with the forest protection and development funds of Vietnam, applicable to indirect payment;
d) Remedial measures

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