Decree of Government No. 159/2007/ND-CP of October 30, 2007, on sanctioning administrative violations in the domain of forest management, forest protection and forest product management
SOCIALIST REPUBLIC OF VIETNAM
Independence- Freedom- Happiness
Hanoi, October 30, 2007
ON SANCTIONING ADMINISTRATIVE VIOLATIONS IN THE DOMAIN OF FOREST MANAGEMENT, FOREST PROTECTION AND FOREST PRODUCT MANAGEMENT
Pursuant 10 the December 25, 2001 Law on Organization of the Government;
Pursuant to the December 3, 2004 Law on Forest Protection and Development;
Pursuant to July 2,2002 Ordinance No. 44/2002/ PL-VBTVQH10 on the Handling of Administrative Violations;
At the proposal of the Minister of Agriculture and Rural Development,
Article 1.- Scope of regulation and subjects of application
1. Scope of regulation
This Decree provides for the sanctioning of administrative violations in the domain of forest management, forest protection and forest product management in the territory of the Socialist Republic of Vietnam.
This Decree does not apply to timber and other forest products lawfully imported into Vietnam (including lawfully imported timber lots with volume or quantitative differences upon measurement or counting).
Importing timber in violation of current state regulations and abusing import dossiers to illegally exploit, trade, transport or store domestic natural forest timber shall he sanctioned under the provisions of this Decree.
2. Subjects of application
This Decree provides for administrative sanctions against domestic and foreign individuals and organizations (below collectively referred to as violators) for their intentional or unintentional acts in violation of state regulations on forest management, forest protection and forest product management, regardless of causing damage to forests, forest products or forest environment or not, which are not so severe enough to be examined for penal liability.
In case an international agreement to which the Socialist Republic of Vietnam is a contracting party contains different provisions, the provisions of the international treaty will be applied.
Article 2.- Terms used in the Decree
1. Forest product is a product exploited from a forest plant, animal or organism or its parts.
Timber mentioned in this Decree includes log, sawn timber and square-edged cut timber
2. Endangered, precious and rare forest plants of groups IA and IIA; and endangered, precious and rare forest animals of groups IB and IIB are endangered, precious and rare forest plant and animal species stipulated by the Government.
3. Material evidences and means in administrative violations include:
a/ Material evidences that are forest products infringed upon by violators.
b/ Means that are articles, tools and vehicles used by violators for committing acts of administrative violation.
Vehicles used for illegal transportation of forest products may include road motor vehicles, motorcycles, bicycles, rudimentary vehicles and animal carts; vessels, motor boats, rafts, boats and other crafts used in waterway traffic.
4. Means illegally appropriated by administrative violators are means of lawful owners which the violators have stolen, robbed, taken by force, openly appropriated from their lawful owners who are unable to stop the open appropriation or committed other illegal acts to deprive lawful owners of the rights to possession, management and use of these means.
5. Material evidences and means are regarded as illegally used by violators in one of thxe following cases:
a/The lawful owner of a means leases or lends it to another person or organization or hires another person to operate the means for lawful use purposes, but the person who is leased or lent or hired to operate the means has used it of his/her own choice to illegally transport forest products.
b/ The lawful owner of a means or an individual or organization that is lawfully managing a means hired from another individual or organization assigns the means to his/her/its employee for management, operation of use for lawful production and business purposes hot such employees has uses the means of his/her own choice to illegally transport forest products.
6. Violation in an organized manner is the case in which two or more persons closely connive with each other in intentionally committing an act of violation.
7. Repealed violation is the case in which a person who committed an act of administrative violation in the domain of forest management, forest protection and forest product management and has not yet been sanctioned continues committing acts of administrative violation in this domain when the statute of limitations for sanctioning has not yet expired.
8. Recidivism is the case in which a person who committed an act of administrative violation in the domain of forest management, forest protection and forest product management and has been sanctioned for such act continues committing acts of administrative violation in this domain when the time limit past of which a person will be considered having not been administratively sanctioned has not yet expired.