What are the regulations on forest destruction? What are penalties imposed for persons who destroy forests in Vietnam?
What are the regulations on forest destruction in Vietnam?
According to Article 243 Criminal Code 2015 (amended at Clause 63, Article 1 Law on Amendments to the Criminal Code 2017), forest destruction crimes are defined as: "Anyone who illegally burns, cuts down forests or has other acts that destroy forests."
Thus, acts of forest destruction include:
- Burning forests
- Cutting down forests
- Other acts that destroy forests
What are the regulations on forest destruction? What are penalties imposed for persons who destroy forests in Vietnam? (Image from the Internet)
What are penalties imposed for persons who destroy forests in Vietnam?
Based on Article 243 Criminal Code 2015 (amended at Point a Clause 63 Article 1 Law on Amendments to the Criminal Code 2017) stipulating the punishment for those who destroy forests as follows:
Forest Destruction
1. Anyone who illegally burns, cuts down forests or has other acts that destroy forests in one of the following cases shall be fined from 50,000,000 VND to 500,000,000 VND, subject to non-custodial reform for up to 3 years, or imprisonment from 1 year to 5 years:
a) Plantation forests that have not yet accumulated into wood volumes or regenerating forests with an area from 30,000 square meters (m2) to under 50,000 square meters (m2);
b) Production forests with an area from 5,000 square meters (m2) to under 10,000 square meters (m2);
c) Protective forests with an area from 3,000 square meters (m2) to under 7,000 square meters (m2);
d) Special-use forests with an area from 1,000 square meters (m2) to under 3,000 square meters (m2);
dd) Causing damage to forest products valued from 50,000,000 VND to under 100,000,000 VND if the forests are damaged without being calculated by area;
e) Plants listed in the directory of endangered, precious, and rare species prioritized for protection or in the list of forest plants and forest animals endangered, precious, and rare Group IA valued from 20,000,000 VND to under 60,000,000 VND; or plants in the list of forest plants and forest animals endangered, precious, and rare Group IIA valued from 40,000,000 VND to under 100,000,000 VND;
g) Forest areas or values of forest products below the stipulated amounts in points a, b, c, d, đ, and e of this clause but have previously been administratively sanctioned for one of the acts specified herein or have been convicted for this crime and have not had their criminal records expunged and still re-offend.
2. Committing the crime under one of the following circumstances shall be punished by imprisonment from 3 years to 7 years:
a) Organized crime;
b) Abusing one's position or power, or using the names of government or organizations;
c) Dangerous recidivism;
d) Plantation forests that have not yet accumulated into wood volumes or regenerating forests with an area from 50,000 square meters (m2) to under 100,000 square meters (m2);
dd) Production forests with an area from 10,000 square meters (m2) to under 50,000 square meters (m2);
e) Protective forests with an area from 7,000 square meters (m2) to under 10,000 square meters (m2);
g) Special-use forests with an area from 3,000 square meters (m2) to under 5,000 square meters (m2);
h) Causing damage to forest products valued from 100,000,000 VND to under 200,000,000 VND if the forests are damaged without being recalculated by area;
i) Plants listed in the directory of endangered, precious, and rare species prioritized for protection or in the list of forest plants and forest animals endangered, precious, and rare Group IA valued from 60,000,000 VND to under 100,000,000 VND; or plants in the list of forest plants and forest animals endangered, precious, and rare Group IIA valued from 100,000,000 VND to under 200,000,000 VND.
3. Committing the crime under one of the following circumstances shall be punished by imprisonment from 7 years to 15 years:
a) Plantation forests that have not yet accumulated into wood volumes or regenerating forests with an area from 100,000 square meters (m2) or more;
b) Production forests with an area from 50,000 square meters (m2) or more;
c) Protective forests with an area from 10,000 square meters (m2) or more;
d) Special-use forests with an area from 5,000 square meters (m2) or more;
dd) Causing damage to forest products valued from 200,000,000 VND or more if the forests are damaged without being recalculated by area;
e) Plants listed in the directory of endangered, precious, and rare species prioritized for protection or in the list of forest plants and forest animals endangered, precious, and rare Group IA valued from 100,000,000 VND or more; or plants in the list of forest plants and forest animals endangered, precious, and rare Group IIA valued from 200,000,000 VND or more.
4. The offender may also be fined from 20,000,000 VND to 100,000,000 VND, prohibited from holding certain positions, practicing certain professions, or performing certain jobs from 1 year to 5 years.
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Thus, the highest penalty for a Forest Destruction could result in imprisonment of up to 15 years. Moreover, the offender might also be subject to administrative fines of up to 100,000,000 VND, and may be banned from holding certain positions, practicing certain professions, or performing certain jobs for up to 5 years.
What are penalties imposed for corporate legal entities destroying forests in Vietnam?
According to Clause 5 Article 243 Criminal Code 2015 (amended by Point b Clause 63 Article 1 Law on Amendments to the Criminal Code 2017), it is stipulated about corporate legal entity committing the crime of destroying forests as follows:
Forest Destruction
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5. A legal entity committing the crime specified in this Article shall be fined as follows:
a) Committing the crime specified in Clause 1 of this Article shall be fined from 500,000,000 VND to 2,000,000,000 VND;
b) Committing the crime under one of the circumstances specified in Points a, c, d, đ, e, g, h, and i of Clause 2 of this Article shall be fined from 2,000,000,000 VND to 5,000,000,000 VND;
c) Committing the crime specified in Clause 3 of this Article shall be fined from 5,000,000,000 VND to 7,000,000,000 VND or suspended from operations for a determined period from 6 months to 3 years;
d) Committing the crime under circumstances specified in Article 79 of this Code shall result in permanent suspension of operations;
dd) The legal entity may also be fined from 50,000,000 VND to 200,000,000 VND, or prohibited from conducting certain business activities, or raising capital from 1 year to 3 years.
Thus, corporate legal entity committing the Forest Destruction could be administratively fined up to 7,000,000,000 VND, and may be permanently suspended. In addition, they may also face administrative fines up to 200,000,000 VND, prohibition from conducting certain business activities, or raising capital for up to 3 years.
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