Vietnam: How much money will be fined for the illegal exploitation of plant varieties on the list of endangered, precious, and rare species prioritized for protection?
- How will the illegal exploitation of plant varieties on the list of endangered, precious, and rare species prioritized for protection be penalized in Vietnam?
- How much is the fine for illegal exploitation of wild plant species on the list of endangered, precious, and rare species prioritized for protection in Vietnam?
- Are violations against regulations on conservation and sustainable development of biological species subject to additional penalties in Vietnam?
How will the illegal exploitation of plant varieties on the list of endangered, precious, and rare species prioritized for protection be penalized in Vietnam?
Pursuant to Clause 3, Article 49 of Decree 45/2022/ND-CP stipulates:
“Article 49. Violations against regulations on conservation and sustainable development of living species
…
3. Acts of illegally exploiting plant varieties, fungi and microorganisms on the List of endangered precious and rare species prioritized for protection; illegally storing, transporting, trading in plant varieties, fungi and microorganisms on the list of endangered precious and rare species prioritized for protection outside natural heritage areas, shall be penalized as follows:
a) A fine of between VND 1,000,000 and 2,000,000 shall be imposed for exhibits of violation valued at under VND 500,000;
b) A fine of between VND 2,000,000 and 5,000,000 shall be imposed for exhibits of violation valued at between VND 500,000 and under VND 1,500,000;
c) A fine of between VND 5,000,000 and 15,000,000 shall be imposed for exhibits of violation valued from VND 1,500,000 to under VND 5,000,000;
d) A fine ranging from VND 15,000,000 to VND 30,000,000 shall be imposed for exhibits of violation valued between VND 5,000,000 and under 10,000,000;
dd) A fine ranging from VND 30,000,000 to VND 60,000,000 shall be imposed for exhibits of violation valued from VND 10,000,000 to under VND 20,000,000;
e) A fine ranging from VND 60,000,000 to VND 120,000,000 shall be imposed for exhibits of violation valued at VND 20,000,000 or more.”
Accordingly, for acts of illegally exploiting plant varieties, fungi and microorganisms on the list of endangered precious and rare species prioritized for protection, the value of the violation material evidences will be based on to determine the level of administrative violations according to the above provisions.
Vietnam: How much money will be fined for the illegal exploitation of plant varieties on the list of endangered, precious, and rare species prioritized for protection?
How much is the fine for illegal exploitation of wild plant species on the list of endangered, precious, and rare species prioritized for protection in Vietnam?
Pursuant to Clause 4, Article 49 of Decree 45/2022/ND-CP stipulates:
“Article 49. Violations against regulations on conservation and sustainable development of living species
…
4. Acts of illegal exploitation of timber and non-timber forest plants on the list of endangered precious and rare species prioritized protection outside the natural heritage area shall be handled according to regulations of law. the law on sanctioning of administrative violations in the field of forestry. Penalties for illegal exploitation of wild plant species on the list of endangered precious and rare species prioritized for protection, except timber and non-timber forest plants outside the natural heritage area:
a) A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed for exhibits of violation valued at under VND 1,000,000;
b) A fine ranging from VND 2,000,000 to VND 5,000,000 shall be imposed for exhibits of violation valued from VND 1,000,000 to under VND 2,000,000;
c) A fine of between VND 5,000,000 and 10,000,000 shall be imposed for exhibits of violation valued from VND 2,000,000 to under VND 5,000,000;
d) A fine ranging from VND 10,000,000 to VND 25,000,000 shall be imposed for exhibits of violation valued at between VND 5,000,000 and under 10,000,000;
dd) A fine ranging from VND 25,000,000 to VND 50,000,000 shall be imposed for exhibits of violation valued from VND 10,000,000 to under VND 15,000,000;
e) A fine ranging from VND 50,000,000 to VND 70,000,000 shall be imposed for exhibits of violation valued from VND 15,000,000 to under VND 20,000,000;
g) A fine ranging from VND 70,000,000 to VND 100,000,000 shall be imposed for exhibits of violation valued from VND 20,000,000 to under VND 30,000,000.”
Accordingly, the illegal exploitation of timber and non-timber forest plants on the list of endangered precious and rare species prioritized for protection outside the natural heritage area will be handled in the forestry sector.
For acts of illegally exploiting wild plant species on the List of endangered precious and rare species prioritized for protection, the administrative sanction level will be determined based on the value of the material evidence to determine the level of administrative sanction according to the provisions of the above regulations.
Are violations against regulations on conservation and sustainable development of biological species subject to additional penalties in Vietnam?
Pursuant to Clause 6, Article 49 of Decree 45/2022/ND-CP stipulates:
"Article 49. Violations against regulations on conservation and sustainable development of biological species
…
6. Additional sanctioning forms:
Confiscate exhibits and means of administrative violations for cases of violations specified in Clauses 2, 3, 4 and 5 of this Article."
Accordingly, in addition to being administratively sanctioned, based on violations of the conservation and sustainable development of biological species to determine additional sanctioning forms according to Clause 6, Article 49 of Decree 45/2022/ND-CP.
The level of administrative violations according to the above provisions applies only to individuals. In case the organization violates, the administrative sanction will be 2 times higher than that of an individual.
Decree 45/2022/ND-CP comes into force from August 25, 2022.
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