Vietnam: Illegal hunting of wild animals in the mangrove reserve will be fined 20,000,000 VND from August 25, 2022?
- Which cases of illegal destruction and encroachment of natural heritage will not be subject to administrative sanctions on environmental protection in Vietnam?
- How much will it cost to hunt wild animals in a mangrove reserve according to Vietnamese regulations?
- Destruction of landscapes and natural ecosystems that are important wetlands outside the protected area will be penalized in Vietnam?
Which cases of illegal destruction and encroachment of natural heritage will not be subject to administrative sanctions on environmental protection in Vietnam?
Pursuant to Clause 1, Article 47 of Decree 45/2022/ND-CP stipulates:
“Article 47. Violations against regulations on environmental management and protection of natural heritage
1. Acts of illegal destruction and encroachment on natural heritage established in accordance with the law on forestry, fisheries and cultural heritage shall be sanctioned in accordance with the law on handle administrative violations in that field.”
Accordingly, acts of illegally destroying or encroaching on natural heritage under the provisions of the law on forestry, fisheries and cultural heritage will not apply administrative sanctions on environmental protection.
Vietnam: Illegal hunting of wild animals in the mangrove reserve will be fined 20,000,000 VND from August 25, 2022?
How much will it cost to hunt wild animals in a mangrove reserve according to Vietnamese regulations?
Pursuant to Clause 2, Article 47 of Decree 45/2022/ND-CP stipulates:
"Article 47. Violations against regulations on environmental management and protection of natural heritage
…
2. The acts of illegally destroying or encroaching on natural heritage as a conservation area, except for the acts specified in Clause 1 of this Article, shall be sanctioned as follows:
a) A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for hunting, catching or exploiting wild animals and wild plants in wetland conservation areas, except for environmental crimes. school and except for the case for the purpose of scientific research approved by a competent state agency;
b) A fine ranging from VND 10,000,000 to VND 30,000,000 shall be imposed for obstructing the passage of aquatic species in the administrative service subdivision of the wetland conservation area;
c) A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for leveling, digging and embanking, altering or blocking the natural flow resulting in changes to the hydrological regime in the wetland conservation area; livestock and poultry raising on farm scale, aquaculture on an illegal residence in the reserve;
d) A fine ranging from VND 50,000,000 to VND 100,000,000 shall be imposed for obstructing the path of aquatic species in the ecological restoration subdivision of the wetland conservation area;
dd) A fine ranging from VND 100,000,000 to VND 150,000,000 shall be imposed for one of the acts of illegally building works or houses in the strictly protected zone of the conservation area; blocking the passage of aquatic species in the strictly protected area of the wetland conservation area;
e) A fine ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for changing the structure of the ecosystem and reducing the species composition in the wetland conservation area;
g) Illegal construction of works and houses in ecological restoration subdivision, administrative service subdivision of the conservation area shall be handled according to the provisions of the law on sanctioning of violations.”
Accordingly, acts of illegal destruction and encroachment of natural heritage as protected areas will be based on violations to determine the level of administrative sanction according to the above provisions.
In particular, the act of hunting wild animals in mangrove conservation areas will be administratively sanctioned from 5,000,000 VND to 10,000,000 VND for individuals and the maximum 20,000,000 VND for organizations. In case of committing an environmental crime or hunting for the purpose of scientific research approved by a competent state agency, no administrative sanctions will be imposed.
Destruction of landscapes and natural ecosystems that are important wetlands outside the protected area will be penalized in Vietnam?
Pursuant to Clause 4, Article 47 of Decree 45/2022/ND-CP stipulates:
“Article 47. Violations against regulations on environmental management and protection of natural heritage
…
4. Penalties for destroying landscapes and natural ecosystems that are important wetlands outside the conservation areas:
a) A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for causing harms to the habitats of waterfowl and migratory birds;
b) A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for causing damage to the breeding grounds and spawning grounds of aquatic species, except for the case specified at Point c of this Clause;
c) Acts of causing damage to the breeding grounds and spawning grounds of aquatic species on the list of endangered precious and rare species prioritized for protection and the list of endangered and rare aquatic species, the penalty shall be applied. sanctions in accordance with the law on sanctioning of administrative violations in the fisheries sector.”
Accordingly, based on the violation to determine the level of administrative penalty when destroying the landscape, the natural ecosystem is an important wetland outside the conservation area according to the above regulations.
In addition, based on violations to determine additional sanctioning forms and remedial measures according to Clauses 6 and 7, Article 47 of Decree 45/2022/ND-CP.
Note: the level of administrative sanction according to the above provisions only applies to violators. 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.
LawNet
